Tyler v. State

SIMON, Chief Judge.

Movant, Byron Tyler, appeals the denial of his Rule 24.035 motion without an evi-dentiary hearing. We affirm.

Movant was charged by indictment with one count of murder in the first degree in violation of § 565.020.1 RSMo 1986 (hereinafter, all statutory references shall be to RSMo 1986 unless otherwise noted), one count of assault in the first degree in violation of § 565.050.1, and one count of armed criminal action in violation of § 571.015.1. Pursuant to plea negotiations, the state filed a substitute information in lieu of indictment amending the charge of murder in the…