State v. Motsinger

SIMON, Judge.

Movant, Leonard Motsinger, appeals from an order, entered in the Circuit Court of Madison County, sustaining the state’s motion for summary judgment on movant’s three count post-conviction motion without first holding an evidentiary hearing. On appeal, movant contends that the trial court erred in dismissing his post-conviction motion without first holding an eviden-tiary hearing because his guilty plea was *634involuntary. In order to qualify for an evidentiary hearing, movant must meet three requirements: “(1) the motion must allege facts, not conclusions, warranting relief; (2)…