State v. Vitale

McMILLIAN, Judge.

The State of Missouri (appellant) appeals from an order entered in the circuit court of St. Louis County setting aside a plea of guilty and sentence. Rules 27.25, 27.26, V.A.M.R. For reversal appellant argues that the trial court’s order setting aside respondent Vito Vitale’s guilty plea and sentence was clearly erroneous. We disagree and, accordingly, affirm the judgment.

On January 6, 1975, respondent entered a plea of guilty to a charge of child molestation, pursuant to the decision in North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). Respondent…