Johnson v. State

BERREY, Judge.

Richard E. Johnson, Jr. appeals from the denial of his Rule 24.035 motion for posteon-viction relief without an evidentiary hearing. Following a change of venue from Pettis County, appellant was charged by information as a prior and persistent offender with twelve counts of rape in violation of § 566.030.3, RSMo Supp.1993 in the Circuit Court of Randolph County. Appellant’s minor daughter was the alleged victim in each of the rape counts.

On September 5, 1995, appellant, together with his attorney, appeared before Judge Blaeuer and entered a plea of guilty to one count of rape.…