Ellis v. State

CLARK, Presiding Judge.

Movant, John Kirby Ellis, appeals after denial of his motions to withdraw pleas of guilty and to set aside judgment and sentence. The sole point advanced on appeal is that the trial court erred in failing to find that appellant’s attorney was ineffective because he did not develop evidence favorable to movant, did not prepare the case for trial and did not discuss the case or counsel with movant. Affirmed.

On January 25, 1978, movant pleaded guilty to the offenses of burglary, second degree and stealing. After ordering and receiving the report of a pre-sentence…