Darr v. State

GARY M. GAERTNER, Presiding Judge.

Robert H. Darr, Jr., defendant, appeals from a denial, after an evidentiary hearing, of his Rule 27.26 motion to vacate judgment and sentence imposed after he pled guilty to second degree murder, § 565.004, RSMo 1978. Defendant raises two points on appeal. First, he claims that the lower court erred in failing to find that his plea of guilty was involuntary because of ineffective assistance of counsel. Secondly, he alleges error because the court did not declare a continuance or recess sua sponte in order to secure the presence of a witness at the evidentiary…