Cathy v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing.

To be entitled to an evidentiary hearing, movant must plead facts, not conclusions, which if true would entitle him to relief. Jackson v. State, 585 S.W.2d 495, 497 (Mo. banc 1979). An evidentiary hearing may be denied if it can be determined from the files, transcripts, and records that, as a matter of law, a movant is not entitled to relief. Toler v. State, 542 S.W.2d 80, 85 (Mo.App.1976).

Here, the record reveals that movant was charged with burglary in the second degree and stealing. On…