Rivera v. State

CROW, Judge.

Appellant, Colon Luis Rivera, pled guilty to two counts of sale of cocaine, § 195.211, RSMo Cum.Supp.1991, and was sentenced to two concurrent ten-year terms of imprisonment. He thereafter filed a motion to vacate the judgment and sentences per Rule 24.035.1 The motion court denied relief without an evidentiary hearing. This appeal followed.

Appellant’s sole point relied on avers the motion court erred in denying relief without an evidentiary hearing in that Appellant pled factual allegations which, if proven, would warrant relief and which are not refuted by the record. Those…