Burns v. State

BILLINGS, Chief Judge.

Appellant Walter Dewitt Burns claims the Circuit Court of Mississippi County should have conducted an evidentiary hearing on his Rule 27.26 motion to vacate judgment and sentence imposed for manslaughter following his 1971 plea of guilty.

Appellant’s motion alleged he was not informed of the range of punishment by the sentencing judge and he had been promised a ten-year sentence and probation in exchange for his guilty plea.

The record of appellant’s guilty plea proceedings squarely refutes his alleged grounds. The sentencing judge explained the range of punishment, and…