Todd v. State

Frank Holt, Justice.

Appellant pleaded guilty to the crime of second degree murder and was sentenced to 15 years in the state penitentiary with three years suspended. Subsequently, the trial court accorded him an evidentiary hearing based upon his allegations that the sentence was imposed in violation of his constitutional rights. This appeal results from a denial of his Rule 1 petition.

Appellant first contends for reversal that it was prejudicial error to permit a deputy prosecuting attorney to testify for the appellee-state at the evidentiary hearing. This witness testified that, before he…