Lawrence v. State

FLANIGAN, Chief Judge.

Movant Kurtis Lawrence appeals from a denial, without evidentiary hearing, of his Rule 24.0351 motion, seeking to vacate a judgment and sentence on a plea of guilty to a charge of distribution of a controlled substance near a school, § 195.214 RSMo Supp.1989. Movant was sentenced to 10 years in the Department of Corrections.

To entitle movant to an evidentiary hearing on his Rule 24.035 motion, the motion must plead facts, not conclusions, which if true would warrant relief, the allegations of fact must not be refuted by the record, and the matters complained of must have…