Copher v. State

CLEMENS, Senior Judge.

The state appeals the circuit court’s order granting the Rule 27.26 motion of movant (defendant) Willie Copher. The hearing *59court set aside the conviction and remanded the case for trial.

Six years ago when defendant was 16 years old he pled guilty to second degree murder on the advice of retained counsel. The range of punishment then ran from ten years to life. Knowing the prosecutor would urge the maximum penalty, defendant followed his counsel’s advice and pled guilty. The court handed down judgment accordingly.

By his Rule 27.26 motion defendant claimed — and the court…