Davis v. State

GUNN, Judge.

There are three issues raised in this Rule 27.26 proceeding to set aside movant’s pleas of guilty to first degree murder and second degree assault: (1) whether, after initially being indicted for capital murder, movant may be convicted of first degree murder under substitute information; (2) whether movant was entitled to a preliminary hearing on the substitute information; (3) whether movant’s conviction was invalid under the law existing at the time of his plea.

We affirm.

*498No error occurs by allowing the state to file an amended information on first degree murder after an original…