Strickland v. State

I respectfully dissent with respect to Divisions 1 and 2 of the opinion of the majority; and I fully concur in Divisions 3 and 4.

1. The question was presented to the trial court by the filing of a “Notice of Objection to or Demurrer to Count Three of the Indictment.” Prior to trial, the court conducted a motions hearing on mis and other issues, and after considering the transcript of that plea, denied the motion, thereby finding that the plea procedure did not fail in the particulars claimed by defendant.

After the jury returned its guilty verdict on the robbery count, the court sentenced…