Wiglesworth v. Wyrick

FINCH, Judge.

This is an original proceeding in habeas corpus. We quash the writ heretofore issued for the reason that the relief to which petitioner claims to be entitled is required by Rule 27.261 to be sought by a motion filed in accordance with the provisions of that rule in the circuit court wherein the judgment and sentence attacked by petitioner were entered.

Petitioner pleaded guilty on May 15,1975, in the Circuit Court of DeKalb County to a charge of operating a motor vehicle while intoxicated, third offense, a felony under § 564.440.2 The information to which petitioner pleaded guilty…