Mallett v. State

CROW, Chief Judge.

Kevin Dale Mallett (“movant”) appeals from a judgment denying — without an evidentiary hearing — his motion under Rule 27.26, Missouri Rules of Criminal Procedure (17th ed. 1986), to vacate his conviction of robbery in the first degree, § 569.-020, RSMo 1978, for which he is serving a 10-year prison sentence. Movant’s sole assignment of error is:

“The lower court erred in denying [movant] an evidentiary hearing on his 27.26 motion because [movant] has alleged facts not refuted by the record and which would warrant relief in that [mov-ant] did not make a knowing, voluntary and…