Charleston v. State

KAROHL, Judge.

We affirm denial of relief from a seven-year sentence on the charge of robbery second degree, a Class B felony defined in § 569.030 RSMo 1986. The motion court rejected claims of ineffective assistance of plea counsel without an evidentiary hearing. Rule 24.035(g).

The two appeal issues are argued in support of a requirement for an evidentiary hearing. Both are contained in the following excerpt from the points on appeal:

(B) THE ALLEGATIONS THAT PLEA COUNSEL [1] TOLD MR. CHARLESTON WHAT TO SAY AT THE PLEA AND [2] MISINFORMED MR. CHARLESTON OF THE RANGE OF PUNISHMENT ARE MATTERS…