Evans v. State

PREWITT, Judge.

Movant filed a motion under Rule 27.26 seeking to set aside his conviction and sentence for second degree burglary. Counsel was appointed for movant and an amended motion filed. Respondent then filed a motion to dismiss and following a hearing on the motion, the trial court determined that the motion and the files and record of the case, including the trial transcript, conclusively showed that movant was not entitled to relief and dismissed the motion. See Rule 27.26(e).

Movant contends that he sufficiently alleged ineffective assistance of counsel to entitle him to an…