SMITH v. STATE

No. CR 85-32.

691 S.W.2d 154 (1985)

286 Ark. 247

Billy Ray SMITH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 15, 1985.


Attorney(s) appearing for the Case

Danny P. Rodgers, Prescott, for appellant.

Steve Clark, Atty. Gen. by Velda P. West, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Chief Justice.

The appellant, age 16, entered guilty pleas on January 7, 1977, to charges of rape and aggravated robbery and was sentenced to 40 years and 5 years respectively for the crimes. The sentences were to run consecutively. On November 9, 1983, the appellant filed a motion to withdraw his plea which was granted and a new trial ordered, on July 25, 1984. [Although the motion was apparently untimely pursuant to A.R.Cr.P. 37.2(c), no objection was made...

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