Warren v. State

REINHARD, Judge.

Movant appeals from an order denying his Rule 27.26 motion without an evidentia-ry hearing. We affirm.

Pursuant to a guilty plea agreement, movant pled guilty on March 6, 1986, to two counts of first-degree sexual abuse and separate counts of sodomy and rape. The victims were movant’s five- and six-year-old nieces. Under the plea agreement the state dismissed one sodomy count and one rape count. At the guilty plea hearing, the prosecutor stated he had evidence that movant was a prior and persistent offender which would permit sentence enhancement if movant were convicted by a…