Irvin v. State

PUDLOWSKI, Presiding Judge.

Stephen L. Irvin appeals the denial of his motion made pursuant to Missouri Supreme Court Rule 27.26 after an eviden-tiary hearing on the motion which sought the vacation of a conviction and sentence for burglary second degree, in violation of Section 560.070 RSMo 1969 and a conviction and sentence for stealing, in violation of Section 560.110 RSMo. 1969. Pursuant to subsection (j) of Rule 27.26, our review of the denial is limited to a determination of whether the findings, conclusions and judgment of the lower court which heard the motion are clearly erroneous.…