¶1(dissenting).
¶2I respectfully dissent. In doing so I want to state unequivocally that I am in accord with the view that ordinarily the question of guilt or innocence should not be an issue in a proceeding under Rule 27.25 or 27.26. However, in this case, we have the unusual situation where the defendant (movant) voluntarily wrote a letter to the trial judge in which he admitted killing Mr. Zagib. In his testimony at the hearing of the original motion to vacate he confirmed that he had made that admission. Therefore, in this unusual situation, I have the view that it cannot be considered “manifest injustice” to deny defendant’s motion to vacate the judgment or withdraw his plea of guilty in the case where he has admitted his guilt in the manner heretofore set out.
¶3I would affirm the trial court’s order and judgment which overruled the motion.