Luster v. State

CROW, Judge.

Appellant Eddie Guy Luster brings this appeal from an order denying, without an evidentiary hearing, his motion per Rule 24.035, Missouri Rules of Criminal Procedure (20th ed. 1989), to vacate his conviction of selling marihuana, § 195.020, RSMo 1986, and eight-year prison sentence. The conviction resulted from a plea of guilty.

Appellant presents three points relied on. The first reads:

“The motion court clearly erred in denying, without an evidentiary hearing, appellant’s motion for postconviction relief under Rule 24.035 because his motion pleaded facts not refuted by the record…