Miller v. State

PREWITT, Chief Judge.

Movant appeals from a dismissal without an evidentiary hearing of his second motion filed under Rule 27.26. Movant had pled guilty and been convicted of second-degree murder. He was sentenced to life imprisonment. Following an evidentiary hearing, his initial motion under Rule 27.26 was denied. The denial was thereafter affirmed. See Miller v. State, 615 S.W.2d 624 (Mo.App.1981).

Movant contends that the trial court erred in denying his second 27.26 motion without an evidentiary hearing because the motion alleged facts warranting relief, not refuted in the record, “in that…