Spencer v. State

CROW, Presiding Judge.

This is an appeal by Troy Lynn Spencer (“appellant”) from a judgment denying his first amended motion under Rule 27.26, Missouri Rules of Criminal Procedure (18th ed. 1987),1 to vacate his conviction and 15-year prison sentence for the class B felony of sodomy, § 566.060, RSMo Cum.Supp. 1984. The conviction resulted from appellant’s plea of guilty.

In denying relief the circuit court (“the motion court”) conducted no evidentiary hearing but did take into account the transcript of the proceeding at which appellant entered the plea of guilty, together with the transcripts…