Kinder v. State

FLANIGAN, Presiding Judge.

Movant Mike Kinder appeals from a denial, without evidentiary hearing, of his Rule 24.0351 motion, seeking to vacate a judgment and sentence on a plea of guilty to possession of a controlled substance, a class B felony. Movant was sentenced to a term of eight years’ imprisonment.

Movant’s first point is that he was entitled to an evidentiary hearing on his motion, and the trial court erred in ruling otherwise, because the motion alleged facts which were not refuted by the record and which, if proven, would entitle him to relief “in that he alleged an agreement between…