Weaver v. State

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from denial, without evidentiary hearing, of a second motion under Rule 27.26, V.A.M.R., to vacate and set aside judgment and sentence to 20 years’ imprisonment entered upon plea of guilty to robbery, first degree.

By his prior motion, Charles Weaver sought to withdraw his guilty plea under Rules 27.25 and 27.26, V.A.M.R. His motion was denied after an evidentiary hearing, and he appealed the denial charging that his guilty plea was involuntary and a result of being misled as to punishment. The judgment denying relief was affirmed. State v. Weaver,…