State v. Harris

HIGGINS, Commissioner.

Appeal from denial, after evidentiary hearing, of motion under Criminal Rules 27.26 and 27.25, V.A.M.R., to vacate and set aside judgment of conviction and sentence of 18 years’ imprisonment entered upon plea of guilty to charge of robbery, first degree. §§ 560.120, 560.135, V.A.M.S.

As grounds for relief, the motion asserted :

“(a) The defendant was made a promise of eight (8) years to enter a plea of guilty; such promise was made by the prosecuting attorney, and the defendant was given eighteen (18) years after entering plea of guilty.

“(b) The defendant was threatened…