Breeden v. State

SMART, Judge.

Gregory Breeden appeals the dismissal of his motion for postconviction relief under § 547.360, RSMo Supp.1997, without an evi-dentiary hearing. Breeden claims that the trial court erred in dismissing his § 547.360 motion in violation of his right to due process of law under the United States and Missouri Constitutions.

Judgment is affirmed.

Factual Background

On May 11, 1995, Gregory Breeden pleaded guilty to two counts of passing a bad check, a class D felony, § 570.120, RSMo 1994, in the Circuit Court of Clay County, Missouri. After denying Breeden’s motion to withdraw his guilty…