State v. Smith

KRUCKER, Judge.

In 1968, an information was filed accusing appellant of unlawful possession of heroin and alleging two prior convictions. He subsequently plead guilty to the charge of possession, and at the time of sentencing the allegations of prior convictions were dismissed. He was sentenced to a term of not less than four nor more than seven years imprisonment in the state penitentiary. Approximately six months after commencement of his sentence, appellant moved to vacate the conviction and sentence and to withdraw his guilty plea. His motion stated:

“That plea of guilty was improvidently…