Wallace v. State

McMILLIAN, Presiding Judge.

Defendant appeals from an order of the circuit court of the City of St. Louis refusing to grant him an evidentiary hearing and assistance of counsel for his Rule 27.26 motion. For reversal, defendant claims that the court should have ordered an evi-dentiary hearing because the “files and records of the case [did not] conclusively show he was entitled to no relief” (27.26(e)), and the trial court should have appointed counsel because his motion presented an issue of fact (27.26(h)). We find no merit in these allegations of error and accordingly affirm.

On October 5,…