Howard v. State

PREWITT, Chief Judge.

By motion under Rule 27.26 movant sought to vacate a conviction and sentence for selling marijuana. Respondent filed a motion to dismiss movant’s motion. The trial court sustained a portion of respondent’s motion to dismiss and made “conclusions of law relating to the order of court dismissing portions of movant’s motion”. After an evidentiary hearing the trial court denied the remainder of movant’s motion. Movant appeals.

Appellate review is to determine whether the trial court’s findings, conclusions, and judgment are clearly erroneous. Rule 27.-26(j). “The trial court’s…