Smith v. State

CRIST, Judge.

Rule 27.26 motion dismissed without evi-dentiary hearing. We affirm.

Movant pled guilty to assault in the first degree and assault in the second degree on April 3, 1981. Appellate review is limited to a determination of whether the findings, conclusions and judgment of the trial court are clearly erroneous. Rule 27.-26(j). In order to qualify for an evidentiary hearing, movant must meet three requirements: (1) The motion must allege facts, not conclusions, warranting relief; (2) those facts must raise matters not refuted by the files and records in the case; (3) the matters…