Pouncil v. State

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from denial, without evidentiary hearing, of second motion under Rule 27.26 to vacate and set aside judgment and sentence to concurrent 10-year terms of imprisonment entered upon plea of guilty to two counts of robbery, first degree. Denial of relief was predicated on the files and records of the case, principally movant’s failure to establish why grounds for relief asserted in his second motion could not have been raised in his prior motion. Appellant questions the denial of the second motion without hearing, and the companion failure to appoint…