Arnold v. State

WEIER, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion to vacate and set aside his conviction and sentence for second degree burglary. For a review of his conviction and the facts surrounding it, see State v. Arnold, 534 S.W.2d 836 (Mo.App.1976).

Movant contends the trial court erred in denying his Rule 27.26 motion without an evidentiary hearing. He urges he should be allowed to prove he was denied effective assistance of counsel because his attorney failed to investigate the testimony of an alleged witness and failed to file a motion to suppress evidence.

The ultimate…