McKnight v. State

SWOFFORD, Judge.

This is an appeal from a judgment and order of the court below entered on May 25, 1972, denying appellant’s motion to vacate judgment and sentence under Rule 27.26, V.A.M.R. Upon a plea of guilty, the appellant was sentenced on April 3, 1971 to five years for stealing from the person. He urges that the court below erred in denying him relief under his motion for two reasons. First, the guilty plea was not voluntary in the legal sense because it was induced by the false promise of his attorney that such plea would result in probation or at most a sentence of one year in the…