Russell v. State

GARY M. GAERTNER, Presiding Judge.

Movant Walter Russell appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. Movant pled guilty to second degree murder pursuant to a plea agreement. Movant was sentenced to forty years imprisonment to be served concurrently with the sentence imposed in a separate cause on an assault charge. On appeal movant argues that the motion court erred in denying his motion without an evidentiary hearing in that his allegations of ineffective assistance of counsel were sufficient to warrant an evidentiary hearing. We affirm.

Initially we note…