Scruggs v. State

KAROHL, Chief Judge.

Defendant-movant appeals denial of a Motion to Vacate Judgment and Sentence without an evidentiary hearing under Rule 24.035 after pleading guilty to burglary second degree. Section 569.170 RSMo 1986. We affirm.

On May 20, 1991, the trial court found defendant was a Class X offender, accepted defendant’s guilty plea and ordered a pre-sentence investigation. On June 20, 1991, defendant appeared for sentencing. At that time, defendant attempted to withdraw his guilty plea, claiming he had been mislead by his attorney regarding his eligibility for probation. Recalling…