Cherry v. State

BILLINGS, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion. He sought to vacate his conviction and sentence for the offense of murder in the first degree. Movant pleaded guilty to that charge on March 31, 1961 and received a life sentence.

After counsel was appointed to represent him, an amended motion was filed alleging defendant’s plea was not “knowingly and *682intelligently and voluntarily made,” that defendant’s counsel was ineffective and that he was deprived of his Sixth Amendment right to counsel. An evidentiary hearing was held where the evidence consisted solely of…