Sweeney v. State

CRANDALL, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. Movant was convicted, after a jury trial, of murder in the second degree and sentenced to thirty years. He had been charged with capital murder. That conviction was affirmed on direct appeal. State v. Sweeney, 728 S.W.2d 629 (Mo.App.1987).

Movant’s sole point on appeal is that the trial court erred in dismissing his 27.26 motion without an evidentiary hearing because he had “alleged sufficient facts which if true would have supported [his] claims of ineffective assistance of…