State v. Carter

HOUSER, Commissioner.

Appeal from a judgment and sentence of 7 years’ imprisonment on a charge of armed robbery.

On April 25, 1966 appellant Jimmy Carter pleaded guilty to a charge of armed robbery and was sentenced to 10 years’ imprisonment. Carter was imprisoned under this 10-year sentence from April 25, 1966 to March 8, 1968. On November 14, 1967 Carter filed a motion under Criminal Rule 27.26, V.A.M.R. to vacate that sentence. The motion was sustained and Carter’s plea of guilty was withdrawn. On Friday the 13th of September, 1968 the same charge, under an amended information, was submitted…