MARSHALL v. STATE

No. CR77-200.

561 S.W.2d 76 (1978)

Charles Edward MARSHALL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, In Banc.

February 6, 1978.


Attorney(s) appearing for the Case

Wheeler, Watkins, Graham & Wyrick by William C. Gooding, Texarkana, Tex., for appellant.

Bill Clinton, Atty. Gen. by Arthur John Anderson, Jr., Deputy Atty. Gen., Little Rock, for appellee.


HOLT, Justice.

On a plea of guilty to aggravated robbery, appellant was sentenced to twenty years' imprisonment in the Department of Correction. Subsequently, appellant petitioned the court, pursuant to Rules of Crim. Proc, Rule 37 (1976), to modify or vacate his sentence on the allegation, inter alia, that he pleaded guilty upon advice of counsel in the mistaken belief he would receive a five year sentence based upon a mutual agreement with the state. Consequently...

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