SIMMONS v. STATE

No. CR78-173.

578 S.W.2d 12 (1979)

Noah SIMMONS a/k/a Noah Hancock Simmons Jr., Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 2.

March 5, 1979.


Attorney(s) appearing for the Case

John Achor, Public Defender, Little Rock, for appellant.

Bill Clinton, Atty. Gen. by Joyce Williams Warren, Asst. Atty. Gen., Little Rock, for appellee.


FOGLEMAN, Justice.

Appellant filed a motion for the withdrawal of his plea of guilty to a charge of breaking and entering. The circuit court denied the motion without a hearing. Appellant contends that the court erred in summarily denying the motion without a hearing. We disagree and affirm.

At the outset, appellant argues that the court should have considered the motion under Rule 37.3(a), Arkansas Rules of Criminal Procedure, and made written findings specifying...

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