Hayes v. State

This is an appeal from the denial of a motion to vacate judgment and sentence under Rule 27.26, V.A.M.R. Appellant was charged by indictment with first degree murder. He entered a plea of guilty to murder in the second degree and he was subsequently sentenced to imprisonment for a term of fifty years. An evidentiary hearing was held pursuant to the post-conviction motion, and the trial judge denied appellant relief.

Two points are raised on appeal. First, appellant contends that the court erred in refusing to set aside his guilty plea because it was entered without any valid criminal charge on…