YATES v. STATE

No. 36564.

528 S.W.2d 168 (1975)

James Russell YATES, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

September 23, 1975.


Attorney(s) appearing for the Case

James C. Jones, Asst. Public Defender, Charles D. Kitchin, Public Defender, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Chief Counsel, Crim. Div., Jefferson City, Brendan Ryan, Circuit Atty., Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.


CLEMENS, Presiding Judge.

Appellant James Russell Yates was originally the defendant below. He moved under Rule 27.26 to set aside his guilty pleas and two concurrent three-year sentences rendered upon two charges of carrying concealed weapons. He now pleads that before he entered those guilty pleas the trial court misled him by assuring him he would not receive a three-year sentence. The trial court held an evidentiary...

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