McMURRAY, Presiding Judge.
Defendant McKibben appeals the denial of his motion to withdraw his plea of guilty of aggravated assault with intent to rape. Held:
Defendant was charged by indictment with rape. Upon the trial of the case he was convicted of the lesser included offense of simple battery and sentenced on November 2, 1988, to serve 12 months in jail. Defendant was released on an appeal bond and when no appeal was filed within the statutory...
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