Thomas v. State

CRIST, Judge.

Movant appeals the denial of his 27.26 motion after an evidentiary hearing. We affirm.

On March 17, 1982, movant was found guilty by a jury of three counts of forcible *623rape and two counts of forcible sodomy; however, on the basis of trial error mov-ant’s Motion For New Trial was sustained. Prior to the beginning of his second trial, movant pled guilty to the five counts pursuant to a plea bargain. In accordance with the plea bargain, movant was sentenced to twenty-three years on each count, with the sentences to run concurrently.

Movant first asserts the court’s decision should be…