Harvey v. State

David Eugene Harvey (“Movant”) appeals from the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. On appeal, Movant claims that his plea counsel was ineffective and that his plea was therefore involuntary because counsel allegedly promised Mov-ant that he would not be sentenced to nine years, the maximum sentence available under the agreed upon plea agreement. We dismiss the appeal.

Movant was charged and pleaded guilty as a prior and persistent offender to one count of forgery in violation of section 570.090 RSMo (2000). He was ultimately sentenced…