Powell v. State

DOWD, Presiding Judge.

Reginald D. Powell (Movant) appeals from the denial of his Rule 24.035 motion following an evidentiary hearing. Movant’s motion sought to withdraw his Alford1 plea and vacate the sentence claiming: (1) his counsel was ineffective for failure to obtain a ruling on an initial motion to dismiss based upon the peaceable journey exception to the concealed weapon statute, §§ 571.030.1 and 571.030.3, RSMo 19942; and (2) the motion court committed plain error by failing to sua sponte vacate the sentence because no adequate factual basis was shown to support the plea. We affirm.

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