Johnson v. State

CRIST, Judge.

Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing. We affirm.

Movant was convicted of burglary in the second degree pursuant to a guilty plea, and received a suspended imposition of sentence and was placed on five years’ probation. After his first probation violation, movant received a seven-year sentence with suspended execution of that sentence. Following his second probation violation, that sentence was executed.

Movant’s 27.26 motion was dismissed by the trial court on the grounds it failed to allege facts which, if true, warrant relief, and…