Smith v. State

GARY M. GAERTNER, Presiding Judge.

Eugene Smith, defendant, appeals from the trial court’s order denying his Rule 27.26 motion without an evidentiary hearing. Defendant pled guilty on February 26, 1985, to one count of second degree burglary, in violation of RSMo § 569.170 (1986), and one count of stealing without consent, in violation of RSMo § 570.030 (1986), and he was sentenced to two concurrent seven year terms of imprisonment. On appeal, defendant argues that due to ineffective assistance of counsel his guilty plea was involuntary. Finding defendant’s contention to be without merit, we…