Donahue v. State

WASSERSTROM, Judge.

The movant Donahue appeals from a denial of his motion for post conviction relief under Rule 27.26. We hold: (1) Donahue entered the questioned guilty plea intelligently and knowingly; (2) the state did not breach the plea bargain with movant in such a substantial respect as to require relief; and (3) if there was a breach by the state, any such breach was waived by Donahue.

In June 1978 Donahue was convicted by a jury in case CR78-0331 and was sentenced by Judge Bondurant to 10 years imprisonment. Thereafter in October 1978 Donahue was found guilty by a jury in case…