Witt v. State

DIXON, Judge.

Movant appeals the denial of a Rule 27.26 motion claiming error in the court’s findings on three issues. The issues are a claim of ineffective assistance of counsel, error in the trial court’s failure to sua sponte hold a hearing on the movant’s mental fitness to proceed, and a claim that the movant’s plea was not voluntarily made because of a lack of understanding of the charges.

The underlying plea proceeding arose out of a felonious assault with malice in which an elderly store clerk was stabbed 27-30 times during an unsuccessful robbery attempt. Defendant was sentenced to life *327…