Bogard v. State

GARY D. WITT, Judge.

Robert R. Bogard (“Bogard”) appeals the motion court’s denial, without an evi-dentiary hearing, of his Rule 24.035 1 motion for post-conviction relief. We affirm.

Factual Background

Robert R. Bogard was charged with the class A felony of distribution of a controlled substance (marijuana) near a school, a violation of section 195.214. 2 Bo-gard appeared in the Circuit Court of Livingston County and entered a plea of guilty to the charge pursuant to an agreement with the State. The terms of the agreement provided that Bogard would be sentenced to fifteen years in the…