Bounds v. State

CLEMENS, Presiding Judge.

Movant-defendant appeals the denial of his Rule 27.26 motion to vacate a ten-year sentence imposed on his “Alford plea” of guilty to manslaughter, entered despite his protestation of innocence. He contends the trial court erred in finding the plea was voluntary because it was entered “without an awareness of the consequences.”

In the foundation case, the indictment charged defendant with second degree murder and a prior felony conviction. The state’s evidence was that defendant was running a small crap game when James Swims, one of the players, went broke. Swims…