Counce v. State

HANNA, Judge.

The defendant, Albert Counce, pleaded guilty to the class A felony of robbery in the first degree, § 569.020, RSMo 1994. He was sentenced to a term of 30 years imprisonment. Mr. Counce’s pro se Rule 24.035 motion to vacate his conviction was amended by appointed counsel. The amended Rule 24.035 motion was dismissed without an evidentiary hearing. On appeal, Counce complains that his guilty plea was not knowing and voluntary because he was unaware of his Fifth Amendment right not to incriminate himself.

Our standard of review of a Rule 24.035 motion is limited to a determination of…