Gaines v. State

DOWD, Presiding Judge.

This appeal is from the denial without evidentiary hearing of a Rule 27.26 motion to withdraw guilty plea and vacate and set aside judgment.

Movant-appellant pleaded guilty in November, 1976 to forcible rape, assault with intent to maim with malice, first degree robbery, and second degree burglary. He received one ten year sentence and three fifteen year sentences to run concurrently. In 1979 movant filed a Rule 27.26 motion alleging that ineffective assistance of counsel had resulted in his involuntary and unknowing plea of guilty. The trial court dismissed the motion by…