Romesburg v. State

FLANIGAN, Chief Judge.

Movant Earl Romesburg appeals from an order denying, after an evidentiary hearing, his Rule 27.261 motion to set aside a judgment and sentence to five years’ imprisonment for manufacturing marijuana. The conviction was entered on December 12,1984, pursuant to a plea of guilty. As a part of a plea agreement, movant agreed not to appeal a separate conviction of murder, and the state dismissed a separate charge of possession of marijuana.

Movant’s sole point is that the trial court, at the motion hearing, “clearly erred in not, sua sponte, granting movant a continuance in…