Stallins v. State

Conley Byrd, Justice.

The trial court without a formal hearing denied appellant William H. Stallins’ petition for post conviction relief from a 20 year sentence on a guilty plea to assault with intent to rape. The trial court’s action was proper under Criminal Procedure Rule No. 1 (c). See also North Carolina v. Alford, 400 U.S. 25 (1970).

The record shows that after an original plea of not guilty to a charge of first degree rape there was some negotiation between appellant’s employed counsel and the prosecuting attorney. On January 26, 1970, the State reduced the charge to assault with intent…