Dawson v. State

Movant appeals the denial of his Rule 27.26 motion without evidentiary hearing. The issue is the correctness of the trial court procedure in denying the motion without hearing or notice after appointment of counsel.

The novel procedure adopted in the trial court requires that the matter be reversed *166and remanded. Movant filed his motion pro se, and counsel was appointed. Thereafter, on motion of movant’s counsel, the case was continued to a specific date. The trial judge’s minutes show that well before the date set for hearing movant filed another application for continuance. The application…