Garrett v. State

TURNAGE, Judge.

Willie Garrett’s 27.26 motion was denied without an evidentiary hearing. On this appeal he contends he was entitled to a hearing and the appointment of counsel.

Garrett was convicted of robbery and sentenced to imprisonment for twenty years under the Second Offender Act. That conviction was affirmed by this court in State v. Garrett, 564 S.W.2d 51 (Mo.App.1978). In his 27.26 motion, Garrett claimed he was denied effective assistance of counsel because counsel filed a motion for new trial out of time. He contends this untimely filing deprived him of his right to appeal and…