Cates v. State

In this postconviction proceeding under Rule 27.261 Floyd Cates (appellant) sought to vacate a sentence of eight years imprisonment imposed upon his plea of guilty to a charge of stealing, in violation of § 560.-156. After examining the records and files in the cause the trial court denied Cates’ motion to vacate without conducting an evidentiary hearing, explicitly finding that every allegation of the motion was shown by the record to be without a basis in fact. Cates appeals. The sole point briefed and argued is that the trial court erred in denying the motion without an ev-identiary…