Lowery v. State

WILLIAM W. FRANCIS, JR., J.

David Alan Lowery (“Lowery”), appeals from the judgment of the motion court denying his Rule 24.0351 motion to set *476aside his convictions, without an evidentiary hearing, for forcible rape, and first-degree assault. Because the motion court’s decision to deny the post-conviction motion was not clearly erroneous, we affirm.

Facts and Procedural History

We set forth only those facts necessary to complete our review. In reviewing a denial of a motion for post-conviction relief without an evidentiary hearing, our review is in accord with the principle that the facts in…