Phillips v. State

FLANIGAN, Presiding Judge.

Movant Ricky Phillips appeals from a denial, without evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for second degree murder based on a guilty plea. Movant’s sole point is that the trial court erred “in summarily overruling the motion after appointing counsel to represent movant, as the trial court was required to notify counsel and give counsel an opportunity to be heard on whether the motion should be dismissed.”

The “statement of facts’Lportion of mov-ant’s brief fails to mention that the instant motion was movant’s second…