Pool v. State

flanigan; Judge.

Movant Frank Pool appeals from a denial, without evidentiary hearing,, of his Rule 27.261 motion to set aside a judgment and sentence for first degree murder, (§ 565.-003 RSMo 1978). The conviction was based on a plea of guilty. Later movant filed a Rule 27.26 motion, (“the first motion”), which was denied after evidentiary hearing. Denial of that motion was affirmed by this court. Pool v. State, 670 S.W.2d 210 (Mo.App.1984).

The instant motion was filed on June 6, 1986. On June 9,1986, the public defender of the circuit was appointed to represent movant in the instant…