Haynes v. State

CLEMENS, Presiding Judge.

Defendant pleaded guilty to two counts of selling a Schedule I controlled substance. The trial court accepted his plea and imposed sentence of two concurrent ten-year prison terms. Defendant subsequently filed a Rule 27.26 motion to vacate the judgment. The trial court denied the motion without an evidentiary hearing and defendant has appealed.

The indictment charged defendant with separate sales of marijuana on April 3,1976 and May 13, 1976. At trial, defendant’s attorney announced defendant wished to change his plea to guilty. During the trial court’s examination of…