Hohenstreet v. State

SIMON, Chief Judge.

Movant, Alfred Hohenstreet, appeals the denial of his Rule 24.035 motion without an evidentiary hearing. We affirm.

On May 18, 1983, movant was charged by information with one count of capital murder in violation of § 565.001 RSMo 1978 (hereinafter, all references shall be to RSMo 1978 unless otherwise noted). On April 24, 1984, movant subsequently was charged with one count of escape from confinement in violation of § 575.210 and one count of armed criminal action in violation of § 571.015.

Pursuant to plea negotiations, the state amended its original charge of capital…