Simpson v. State

KENNEDY, Judge.

Movant Matthew Simpson appeals from the trial court’s denial, after an evidentiary hearing, of his Rule 27.26 motion. The motion sought to withdraw his plea of guilty to the charge of felonious assault with intent to do great bodily harm without malice aforethought, § 559.190, RSMo 1969 (repealed January 1,1979), and have the judgment and sentence vacated. The court upon his guilty plea in the original case had suspended the imposition of sentence and had placed Simpson on probation for two years. Later, Simpson’s probation had been revoked and he had been given a sentence of…