Watt v. State

SIMON, Judge.

Movant, Brian Watt, appeals the denial of his Rule 24.035 motion without an evi-dentiary hearing.

Movant was indicted on August 11, 1989 for first-degree burglary (Count I), second degree assault (Count II), forcible rape (Count III), and two counts of forcible sodomy (Counts IV and V). Pursuant to a plea agreement, the state nolle prossed Counts I, II, IV, and V and movant entered a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), to the forcible rape charge (Count III).

The prosecutor stated that the evidence would show that…