Jarvis v. State

PREWITT, Judge.

Movant was originally charged with selling marijuana and then the charge was changed to possession of more than 35 grams of marijuana. See §§ 195.020 and 195.200, RSMo 1978. He pled guilty to the latter charge and received a sentence of three years imprisonment. He sought to vacate the conviction and sentence by a motion under Rule 27.26. The trial court determined that the records of the case conclusively showed that movant was not entitled to relief and denied the motion without an evidentiary hearing. See Rule 27.26(e).

Movant contends that the trial court erred by failing to…