Hardin v. State

SHANGLER, Presiding Judge.

The movant brings a proceeding under Rule 27.26 to set aside a judgment of conviction for robbery in the first degree and sentence of five years entered on a plea of guilty after presentence investigation and report. The court appointed counsel for the movant and then entered judgment against the contentions of the motion on the basis of the files and records of the case, but without other evidence or hearing.

On appeal the movant asserts that the pleaded contention — that the presentence investigation report used by the court to impose sentence of imprisonment rather…