Edwards v. State

PHILLIP R. GARRISON, Judge.

Lionel Edwards (“Movant”) appeals the denial of his Rule 24.035 post-conviction relief motion without an evidentiary hearing, contending that the trial court erred in denying his motion because he was sentenced outside the range of punishment, thereby denying his right to a fair trial. We affirm.

Movant was charged with the class D felony of unlawful use of a weapon and on December 17, 2002, he pled guilty to that charge. Pursuant to a plea agreement, Movant was sentenced to five years in the department of corrections. The sentencing court suspended execution of the…