Love v. State

CLEMENS, Senior Judge.

By movant-defendant’s Rule 27.26 motion he sought to set aside his conviction on five guilty pleas to robbery. It was summarily denied. By his motion defendant contended the state’s Department of Corrections had erred by “discontinuing its merit time and commutation program in favor of an administrative parole program.”

The state responds that this change was a decision by its executive branch and was not within the scope of a Rule 27.26 motion. We agree.

In summarily denying defendant’s motion the court ruled the motion was not cognizable under Rule 27.26 because “all…