Blaney v. State

ORDER

On Court’s own motion the Opinion issued on the 22nd day of October, 1991, is hereby withdrawn. New Opinion issued this date.

SO ORDERED.

KAROHL, Judge.

Movant appeals from the denial of his Rule 24.035 motion for post conviction relief without an evidentiary hearing. On appeal movant alleges: (1) the [plea] court lacked jurisdiction to accept the guilty plea; and (2) the plea was not knowing and voluntary because defense counsel failed to move for a dismissal of the indictment on the ground of prosecutorial vindictiveness. We affirm.

On June 1, 1987, a thief stole a diamond wedding set from…