Smith v. State

SWOFFORD, Presiding Judge.

Upon a plea of guilty, the appellant was sentenced to a term of seven years on April 21,1975 for the crime of sodomy. On October 23, 1975, appellant filed a motion to vacate his sentence pursuant to Rule 27.26; an evidentiary hearing was held; and, the motion was denied. This appeal followed.

The appellant asserts two points relied on or assignments of error; first, that his motion to vacate the sentence should have been granted because at the time of his guilty plea he was unable to understand the nature of the proceedings against him, in that he suffered from a…