Taylor v. State

RENDLEN, Judge.

Appeal from denial of Rule 27.26, V.A. M.R. motion seeking to vacate a murder second degree conviction and fifteen year sentence entered on a plea of guilty. The contentions of error concern the trial court’s failure to hold an evidentiary hearing.

At the outset we note that except for the most liberal construction the trial court could not have found the allegations in appellant’s motion sufficient to state a claim for relief under Rule 27.26. It has been held that “[a] 27.26 movant, in order to be entitled to an evidentiary hearing, must plead facts, not conclusions, which, if…