State v. Smith

The defendant appeals from the trial court’s denial of his motion to open a judgment of conviction and to set aside his guilty pleas, filed nearly one year after he had pleaded guilty and nearly eleven months after he had been sentenced. The defendant claims that the court erred in ruling that it had no authority to grant his motion and in refusing to hold an evidentiary hearing on the factual claims raised by his motion. We find no error.

On June 30,1987, the defendant pleaded guilty to a substitute information charging him with sexual assault in the second degree in violation of General…