Nolan v. State

HOUSER, Commissioner,

This is a second motion by Andy Nolan under Criminal Rule 27.26, V.A.M.R., to vacate judgments of conviction and concurrent sentences of life and ten years’ imprisonment on pleas of guilty to murder and assault with intent to kill, respectively. The opinion on the appeal of the first 27.-26 motion is reported in Nolan v. State, Mo.Sup., 446 S.W.2d 754. The circuit court, without conducting a hearing and without making findings of fact and conclusions of law, dismissed the second 27.26 motion “by reason of prior motion to vacate, evidentiary hearing, denial of relief and…