Smith v. State

CLEMENS, Senior Judge.

Movant-defendant appeals the denial of his Rule 27.26 motion. He had been charged with armed robbery and assault with a deadly weapon and seeks to vacate his guilty plea to the assault charge; this, on the ground that in pleading guilty he never admitted firing the weapon.

The trial court denied the motion on the ground defendant’s contention was refuted by the guilty plea record showing defendant and a companion, both armed, robbed a service station; that it was defendant’s companion in the robbery who shot the attendant. At the guilty plea defendant’s counsel stated he…