People v. Simms

The defendant, James Edward Simms, was convicted after trial to court of the charge of aggravated robbery. (Case No. 1.) Following this conviction, he plead guilty to a second aggravated robbery charge. (Case No. 2.) He subsequently filed a motion for vacation of these judgments under Crim. P. 35(b). In this appeal, the defendant challenges the trial court’s judgments, which denied his 35(b) motion after a hearing.

The defendant contends that the trial court erred in Case No. 1 because: (1) he did not freely waive his right to a jury; (2) the trial court did not hear evidence on the validity…