Sweazea v. State

GUNN, Judge.

Movant appeals the trial court’s denial of his Rule 27.26 motion without evidentiary hearing. The motion arises out of movant’s conviction for first degree robbery and second degree burglary, affirmed in State v. Sweazea, 555 S.W.2d 670 (Mo.App.1977). His appeal charges that the trial court erred in failing to appoint counsel to assist in the preparation of his motion, in failing to hold an evidentiary hearing and failing to make findings of fact and conclusions of law. We affirm.

Movant relies on Fields v. State, 572 S.W.2d 477 (Mo.banc 1978), which mandates that the trial court…