Day v. State

TITUS, Judge.

Carlos E. Day pleaded guilty April 16, 1973, to unlawfully possessing lysergic acid diethylamide (LSD) and made “oral application for probation or parole.” When Day appeared June 12, 1973, for allocution and sentencing, the application for probation was withdrawn and he was sentenced to imprisonment for 5 years. Ch. 195 RSMo 1969, V.A.M.S., Amended L.1971. On August 13, 1973, Day filed a Rule 27.26, V.A.M.R., motion to vacate the sentence on two grounds, videlicet: “(a) Movant’s guilty plea . . . was involuntarily made in that Movant was induced and misled by counsel into…