Arbeiter v. State

CRANDALL, Judge.

Movant, Joseph F. Arbeiter, appeals from the dismissal of his Rule 27.26 motion without an evidentiary hearing. We affirm.

Movant was convicted of two counts of possession of a controlled substance and was sentenced as a persistent offender to two consecutive sentences of ten years each. This court affirmed movant’s conviction on direct appeal. State v. Arbeiter, 664 S.W.2d 566 (Mo.App.1983).

Movant then filed a Rule 27.26 motion. Counsel was appointed and the motion was amended. The trial court denied movant an evidentiary hearing and dismissed his amended motion. Movant…