Burns v. State

Appellant filed a motion under Rule 27.-26, V.A.M.R., to vacate and set aside his conviction and sentence of five years for violating § 561.450, RSMo 1969. The trial court determined that appellant was not entitled to an evidentiary hearing and denied the motion.

Appellant’s points relied on contend: (1) that the trial court erred in denying the motion without a hearing, as the motion raised an issue of fact on whether he had ineffective assistance of counsel, in failing to investigate the criminal charge and in misleading appellant into waiving his right to appeal; (2) that the trial court…