Elmore v. State

FLANIGAN, Judge.

Movant Gerald A. Elmore appeals from an order denying, without an evidentiary hearing, his Rule 27.261 motion to set aside a judgment and two consecutive three-year sentences for forgery.

Movant’s first point is that he was entitled to an evidentiary hearing, and the trial court erred in ruling otherwise, because his motion adequately pleaded that his guilty pleas to both counts of the two-count information were entered through duress caused by ineffective assistance of counsel in four respects: (a) counsel did not file a motion for discovery of evidence; (b) counsel waived…