Smallwood v. State

PREWITT, Chief Judge.

Movant filed a motion under Rule 27.26 seeking to vacate a conviction of rape for which movant was sentenced to 20 years’ imprisonment. The conviction occurred after “movant had entered a plea of guilty. Following an evidentiary hearing the trial court entered findings of fact and conclusions of law and denied the motion to vacate. Movant appeals.

Appellate review is to determine whether the trial court’s findings, conclusions, and judgment are clearly erroneous. Rule 27.-26(j). Those findings are clearly erroneous *47if the appellate court is left with a definite and firm…