Schmutz v. State

FENNER, Presiding Judge.

Appellant, George D. Sehmutz, appeals the denial of his Rule 27.26 (now repealed) motion.

On June 17, 1985, appellant appeared with Ms attorney, Mr. Robert G. Duncan, before the Honorable L. Thomas Elliston, sitting specially as Judge of Division No. 16 of the Circuit Court of Jackson County, Missouri, and entered a plea of guilty to the charge of assault in the first degree. Appellant’s guilty plea was entered as part of a plea bargain agreement to which the State agreed to dismiss Count II of the information, which charged appellant with armed criminal action, as well…