Kulhanek v. State

Introduction

Brandon K. Kulhanek (Appellant) appeals the judgment denying his motion for post-conviction relief under Rule 24.0351 without an evidentiary hearing. Appellant argues he alleges facts in his motion, not refuted by the record, that establish his guilty plea was made unknowingly and involuntarily. Appellant also claims ineffective assistance of trial counsel at his sentencing hearing. We affirm in part and reverse in part, and remand to the motion court for an evidentiary hearing on Appellant's first point on appeal.

Background

Pursuant to a plea agreement with the State, Appellant…