State v. Kimes

The defendant was convicted of second degree murder upon a plea of guilty and sentenced to imprisonment for 40 years,. The appeal challenges the validity of the sentence.

The defendant was originally charged in two counts with murder in the first degree. At the arraignment on October 2, 1970, the defendant pleaded not guilty. On November 25, 1970, the information was amended to charge murder in the second degree and defendant entered a plea of guilty. Before accepting the plea the district judge advised the defendant fully as to his rights; determined that there was a factual basis for the…