Moon v. State
Moon v. State
Opinion
Moon entered pleas of guilty to two indictments charging third degree burglary. Pursuant to plea bargain agreements, Moon was sentenced, as a habitual offender with three prior felony convictions, to 21 years' imprisonment for each burglary conviction, with the sentences to run consecutively with each other and concurrently with the 35 years remaining on a sentence he was then serving in Texas.
On appeal, Moon contends that his pleas were invalid because, he says, "they were entered under plea agreements which contained promises which were legally impossible to perform." He explains that, sometime after his sentencing and after extradition proceedings were initiated, he was informed that the State of Texas had refused to accept him into its penal system until he had finished his penitentiary time in Alabama and that, as a result, his instant sentences could not run concurrently with his Texas sentence. Upon this argument, he asserts that his pleas were involuntary, unknowing, and unintelligent.
No factual support for these allegations appears in the record before us. Allegations in appellant's brief reciting matters not disclosed in the record cannot be considered.Edwards v. State,
Accordingly, this cause is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Millard Alton Moon v. State.
- Cited By
- 5 cases
- Status
- Published