Evans v. State

FENNER, Chief Judge.

Appellant, Stanley Evans, appeals the dismissal, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. Appellant’s motion was in regard to his plea of guilty to the charge of murder in the second degree.

Appellant argues on appeal that the motion court erred in denying his motion without an evidentiary hearing because he pleaded factual allegations, not refuted by the record, which would warrant relief if proven. In particular, appellant alleged that plea counsel coerced him into pleading guilty and misled him as to the sentence he would…