Haliburton v. State

WASSERSTROM, Presiding Judge.

Defendant pleaded guilty to second degree murder in 1972 and was sentenced to 35 years imprisonment by Judge Lucas. In 1975, defendant filed this motion to vacate the sentence under Rule 27.26. That motion was denied by Judge Clark on the record without appointment of counsel or the holding of an evidentiary hearing. On this appeal, defendant assigns those denials as error.

The basis upon which defendant seeks to vacate the sentence is ineffective assistance of counsel prior to and in connection with his plea of guilty. To support that charge, defendant’s motion…