Foster v. State

BILLINGS, Chief Judge.

James Lee Foster has appealed from the order of the Circuit Court of Mississippi County dismissing without an evidentiary hearing his Rule 27.26 V.A.M.R. motion to vacate sentence and judgment. We affirm.

In 1969 the appellant, represented by an attorney, entered a plea of guilty to felonious assault [§ 559.180, RSMo 1969, V.A.M. S.]. The charge arose out of appellant’s pointing a loaded revolver at and threatening the sheriff during appellant’s escape from the county jail.

Appellant’s pro se motion to vacate stated three grounds for relief: (1) the *685charge of felonious…