Bennett v. State

LOWENSTEIN, Judge.

A jury found Bennett guilty of second degree robbery, Section 569.030, RSMo.1978 and sentenced him to ten years imprisonment. He was found to be a persistent offender under Section 558.016 and his sentence was enhanced to twenty-five years. Following unsuccessful appeal, see State v. Bennett, 621 S.W.2d 314 (Mo.App.1981), movant filed a pro se Rule 27.26 motion, later amended with appointment of counsel, which was overruled without a hearing.

Rule 27.26(e) requires an evidentiary hearing if movant’s petition alleges facts, not conclusions, which if true would entitle him to…