Shelley v. State

CRIST, Judge.

Following a plea of guilty to second degree assault and sentence to five years imprisonment, movant sought to vacate his plea under Rule 27.26. The trial court dismissed the motion without an evidentiary hearing. We affirm.

When an accused pleads guilty to an offense he waives all claims of error except those affecting the voluntariness and understanding with which he makes his plea. Vernor v. State, 603 S.W.2d 89, 91 (Mo.App.1980). In a Rule 27.26 proceeding, the trial court is required to conduct an evidentiary hearing “if issues of fact are raised in the motion, and if the…