Smith v. State

GARY M. GAERTNER, Judge.

Movant/appellant, Bobby Lee Smith, appeals the denial, without an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief.1 Movant relies on two points on appeal. First, appellant asserts that the motion court was clearly erroneous in dismissing his Rule 29.15 motion because he pled sufficient factual allegations to be entitled to an evidentiary hearing. Second, movant asserts that the motion court clearly erred in denying his motion for post conviction relief in that his motion counsel failed to comply with Supreme Court Rule 29.15(e) by not amending…