Stuart v. State

ROBERT S. BARNEY, Judge.

Appellant Eric J. Stuart (“Movant”) appeals the motion court’s denial without an evidentiary hearing of his “Amended Mo tion to Vacate, Set Aside, or Correct [Judgment] and Sentence and Request for Evidentiary Hearing” filed pursuant to Rule 24.035. 1 We affirm the judgment of the motion court.

The record reveals Movant was charged by Information on May 23, 2007, with one count of the Class B felony of assault in the first degree, a violation of section 565.050. On the same date, pursuant to a plea agreement, Movant pled guilty to the aforementioned charge.

At the guilty…