ROLFES v. STATE

No. 39842.

574 S.W.2d 948 (1978)

John ROLFES, Movant-Appellant, v. STATE of Missouri, Respondent.

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

December 5, 1978.


Attorney(s) appearing for the Case

Frank J. Kaveney, Clayton, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., Joseph Beatty and Mike W. Flynn, Asst. Pros. Attys., Clayton, for respondent.


CLEMENS, Judge.

John Rolfes (hereafter "defendant") has appealed the trial court's judgment denying his Rule 27.26 motion to vacate sentence following an evidentiary hearing. The pertinent ground raised in the motion is that defendant's guilty plea was not voluntarily and intelligently made because he was not informed, and did not then know, of his trial right to avoid self-incrimination by remaining silent.

Defendant, a 22-year-old first-time offender, pled...

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