Keith v. State

This is an appeal by John Keith from a denial of his Criminal Rule 27.26, V.A.M. *897R., motion to vacate judgment of conviction and sentence of three years entered on his plea of guilty to the crime of burglary in the second degree. The motion was based on (1) ineffective assistance of counsel, (2) involuntary plea of guilty, and (3) denial of due process. In essence, appellant asserts that his counsel misled him into believing that a plea of guilty was the only avenue open and one which would result in probation for appellant. Appellant asserts a more appropriate defense would have been…