Mooney v. State

STOCKARD, Commissioner.

On October 12, 1961, on the advice of counsel Patrick Lee Mooney entered a plea of guilty to three separate charges of robbery first degree by means of a dangerous and deadly weapon, and was sentenced to ten years in the Department of Corrections on each charge, all to be served concurrently. Six years later appellant filed a motion pursuant to Supreme Court Rule 27.26, V.A.M.R., to vacate the sentences, and alleged as grounds therefor that he was “illegally arrested” and that he was “denied counsel at arrest.” Numerous cases and statutory and constitutional provisions…