Cork v. State

WILLIAM W. FRANCIS, JR., J.

Kayla S. Cork ("Cork") appeals from the judgment of the motion court denying her amended Rule 24.0351 motion to set aside her conviction of the class A felony of abuse of a child, resulting in death. Because the motion court's denial of Cork's Rule 24.035 motion without an evidentiary hearing was not clearly erroneous, we affirm.

Facts and Procedural Background

The "facts"-for purposes of our review-are those allegations of fact contained in Cork's amended Rule 24.035 motion, excluding from consideration such allegations as are refuted by the record or are mere…