Padberg v. State

CRIST, Judge.

Movant appeals the denial of his 27.26 motion without an evidentiary hearing. We affirm.

Movant was convicted of second degree murder for the death of his ten-week-old son. He was sentenced to twenty years’ imprisonment. The conviction was affirmed in State v. Padberg, 723 S.W.2d 43 (Mo.App.1986).

On appeal, movant asserts the trial court erred in dismissing his motion without an evidentiary hearing because the motion set forth sufficient facts to show ineffective assistance of counsel. We will discuss each of movant’s allegations in turn.

Movant first alleges his counsel was…