Leigh v. State

CRIST, Judge.

Movant appeals from an order denying, without an evidentiary hearing, his Rule 27.26 motion to vacate a thirty year sentence arising out of a 1976 statutory rape conviction. Section 559.260, RSMo. 1969. He was convicted in a jury-waived trial. The conviction was affirmed by this court in State v. Leigh, 580 S.W.2d 536 (Mo.App.1979). We reverse and remand for an evi-dentiary hearing.

In order to qualify for an evidentia-ry hearing on a Rule 27.26 motion, movant must: (1) allege facts, not conclusions, warranting relief; (2) those facts must raise matters not refuted by the files…