Movant was indicted in May, 1991 for rape and armed criminal action. [Trial court Cause No. 91-CR-4838]. He was charged by
a March, 1992 information in lieu of indictment as a prior offender with kidnapping, rape, attempted sodomy, sexual abuse
first degree, stealing a motor vehicle and three counts of armed criminal action associated with the kidnapping, rape, and
sexual abuse first degree counts. [Trial court Cause No. 92CR-543]. The pleas for both causes were taken in one proceeding.
Pursuant to a plea agreement the state recommended concurrent terms of twenty-five years on seven of the charges, fifteen
years on one charge and seven years on two charges. Movant raises two points on appeal. The first complains of ineffective
assistance of counsel for failure to investigate alleged alibi witnesses. The second complains the plea court failed to establish
a factual basis for the crimes charged at the plea hearing. 1 Before accepting the plea of guilty on the charges, the plea court read them in substantially the same language as contained
on the information. The court then asked the defendant, "did you do the things that I have read that it says you did in these
charges?" Movant answered in the affirmative. The court then asked, "Is there anything I have just read that it says you did
in these charges that you did not in fact do?" Movant's answer was "No, Your Honor."