Goforth v. State

REINHARD, Presiding Judge.

Movant appeals from an order of the circuit court dismissing his Rule 27.26 motion without an evidentiary hearing. Mov-ant was convicted by a jury of murder in the second degree and after the jury was unable to agree upon the punishment, he was sentenced by the court to serve a term of 30 years. His conviction was affirmed by this court in State v. Goforth, 535 S.W.2d 464 (Mo.App.1976).

Movant contends that the court erred in (1) failing to grant him an evidentiary hearing and (2) failing to make findings of fact and conclusions of law.

First, the state contends that…