Tipton v. State

SIMON, Judge.

Movant appeals the denial of his Rule 24.035 motion. Movant had previously entered a plea of guilty to possession of phen-cyclidine (POP) in violation of § 195.202 R.S.Mo. (Cum.Supp.1989) and was sentenced to a term of three years in the Missouri Department of Corrections. In his single point on appeal movant states that the motion court erred wherein it failed to grant his motion requesting an evidentiary hearing on his Rule 24.035 motion. As to why this was error, movant alleges that his plea was involuntary because his counsel failed to properly investigate his case. We note…