Spain v. State

GREENE, Judge.

Donald Gene Spain appeals from the motion court’s order, after evidentiary hearing, overruling his Rule 27.261 motion to vacate his conviction on two charges of selling a controlled substance (cocaine), following his guilty pleas to the charges and ensuing 16-year concurrent sentences.

The only ground preserved for appellate review is Spain’s contention that his guilty pleas were involuntary because his trial counsel did not tell him that he would have to wait at least five years after incarceration before he could apply for parole. Following the evidentiary hearing, the motion…