Smith v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion after an evidentiary hearing. Movant pleaded guilty to murder in the second degree and was sentenced to a term of 35 years’ imprisonment.

In his amended 27.26 motion, movant alleged that his plea of guilty was not voluntary or intelligent because the court did not explain to movant the elements of second degree murder, because the movant did not admit facts constituting the crime, and because movant was not aware of the permissible range of punishment for second degree murder. At the hearing on his motion, the only…