Marshall v. State

Frank Holt, Justice.

On a plea of guilty to aggravated robbery, appellant was sentenced to twenty years ’ imprisonment in the Department of Correction. Subsequently, appellant petitioned the court, pursuant to Rules of Crim. Proc., Rule 37 (1976), to modify or vacate his sentence on the allegation, inter alia, that he pleaded guilty upon advice of counsel in the mistaken belief he would receive a five year sentence based upon a mutual agreement with the state. Consequently, the court erred in sentencing him in excess of the unconditional agreement without informing appellant before imposition…