Wolfe v. State

On a plea of guilty to burglary in the second degree, defendant was sentenced to eight years in prison. Thereafter he filed the present motion under Rule 27.26 to set aside the conviction. The trial court held an evidentiary hearing, made findings of fact and denied the motion.

Defendant appeals upon the following two points: “I. The court erred in finding the movant expressly and voluntarily waived his preliminary hearing although he was not represented by counsel and had expressed his desire for representation. II. The court erred in finding that movant was accorded an adequate hearing prior…