Wilson v. State

CLEMENS, Senior Judge.

Movant, hereafter “defendant”, appeals from the dismissal of his second Rule 27.26 motion without an evidentiary hearing.

In 1973 defendant pled guilty to three rape and one armed robbery charge. The court sentenced him to four concurrent 20-year terms in prison. In 1976 defendant filed a pro se motion to vacate. The trial court made findings that the guilty plea record refuted defendant’s contentions and denied the motion without a hearing or appointing counsel. Appointment of counsel became mandatory only after the prospective ruling in the 1978 decision in Fields v.…