Shive v. State

FLANIGAN, Presiding Judge.

Movant Lyndall Shive appeals from an order of the trial court denying, without an evidentiary hearing, his Rule 29.151 motion to set aside a judgment and sentence for stealing. The conviction, based on a jury verdict, was affirmed by this court, State v. Shive, 620 S.W.2d 412 (Mo.App.1981).

Movant asserts that the contents of his motion entitled him to an evidentiary hearing, and the trial court erred in ruling otherwise, because his motion “alleged suf*327ficient facts not refuted by the record entitling movant to relief in that [the motion] sufficiently alleged that…