Roe v. State

SHANGLER, Judge.

Appellant entered a plea of guilty on July 28, 1967 to a charge of robbery. While in custody awaiting presentence investigation, appellant was charged with assaulting a police officer, and later pleaded guilty to that charge also. The court set aside its order for report of presentence investigation and sentenced appellant to ten years for assault and five years for robbery, the terms to run consecutively.

On May 23, 1969, appellant filed a motion to vacate both sentences under Rule 27.26, V.A.M.R. After an evidentiary hearing, the trial court entered a statement of findings…