Leady v. State

CRANDALL, Presiding Judge.

Movant appeals from the dismissal of his Rule 27.26 motion, without an evidentiary hearing. We reverse and remand.

Movant was convicted, after a jury trial, of escape from confinement, a violation of § 575.210, RSMo 1978, and sentenced as a persistent offender to ten years imprisonment. The sentence was affirmed on direct appeal. State v. Leady, 679 S.W.2d 292 (Mo.App.1984).

Movant filed a Rule 27.26 motion to vacate the sentence in his escape conviction alleging, inter alia, that he was denied effective assistance of counsel. The Court dismissed movant’s motion,…