Diercks v. State

KENNEDY, Judge.

Defendant was convicted upon a jury trial of cultivating marijuana. He received a sentence of 15 years’ imprisonment as a prior offender, § 195.200.1(3), RSMo Supp. 1984. The judgment was affirmed on appeal, State v. Diercks, 674 S.W.2d 72 (Mo.App.1984).

Diercks now has filed a Rule 27.26 motion seeking vacation of the judgment of conviction. The motion was ruled against him after an evidentiary hearing, and from the denial of the motion he has appealed.

I

Appellant’s first point relates to plea bargain negotiations before he elected to plead not guilty and to proceed to trial. He…