McAlester v. State

PRITCHARD, Judge.

Appellant sought to vacate his conviction and set aside his sentence under Rule 27.26 for burglary and stealing, 15 years and 7 years respectively, to be served consecutively. The conviction was affirmed on appeal in State v. McAlester, 635 S.W.2d 76 (Mo.App.1982).

The trial court overruled the motion without holding an evidentiary hearing on September 22, 1982. Appellant’s Point I submits that the trial court erred in denying the motion without an evidentiary hearing because the files and records in this case do not conclusively show that he was not entitled to the vacation…