State v. McDonald

EAGER, Judge.

The appellant filed a motion under Criminal Rule 27.26, V.A.M.R., to vacate a judgment and sentence of twenty-five years’ imprisonment which was pronounced on his plea of guilty to a charge of first degree robbery. We shall refer to the appellant as defendant. The information charged the robbery of a liquor store and the use of a shotgun in accomplishing the act. The trial court denied the motion to vacate without hearing evidence. The motion alleges that the offense was a capital one, that defendant was a “complete illiterate” and that the court did not appoint counsel for him…