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CARTER v. STATE

No. CR 84-163.

685 S.W.2d 812 (1985)

285 Ark. 256

Barry CARTER, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 18, 1985.

Attorney(s) appearing for the Case

John L. Kearney, Pine Bluff, for appellant.

Steve Clark, Atty. Gen., by Patricia G. Cherry, Asst. Atty. Gen., Little Rock, for appellee.

HICKMAN, Justice.

Barry Carter, through his attorney, negotiated a plea of guilty to a first degree murder charge for a sentence of 40 years imprisonment, consecutive with one he was serving. Thirteen days later, with new counsel, Carter sought to set aside the plea and sentence. The ground for the motion was essentially mental incompetence. The trial judge, noting a review of the record, denied the motion without a hearing...

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