SMOTHERS v. STATE

No. CR 81-32.

621 S.W.2d 475 (1981)

Joe David SMOTHERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 28, 1981.


Attorney(s) appearing for the Case

L. Gene Worsham, Little Rock, for appellant.

Steve Clark, Atty. Gen., by Leslie M. Powell, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Justice.

On April 15, 1977, the appellant, on pleas of guilty, received a 42 year sentence on 21 counts of aggravated robbery and 5 years on two counts of kidnapping. It appears they were concurrent sentences. A commitment was issued that day. On June 10, 1980, he filed a Rule 37 petition to vacate his sentence on the ground his guilty pleas were constitutionally infirm in that they were not knowingly, freely and voluntarily made. After conducting a hearing...

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