Riley v. State

CRANDALL, Judge.

This is an appeal from the dismissal of a Rule 27.26 motion without an evidentiary hearing. We reverse and remand with directions.

For a summary of the procedural morass of movant’s earlier attempts to set aside his sentences, see Riley v. State, 588 S.W.2d 738 (Mo.App.1979). In the present appeal movant alleges trial court error (1) in failing to give movant notice and an opportunity to be heard before dismissing his motion; (2) in ruling that movant was not entitled to an evidentiary hearing on the motion; and (3) in overruling movant’s motion for disqualification of judge.

In…