Smith v. State

FLANIGAN, Judge.

Defendant appeals from a denial of his “Motion to Vacate Judgment and Set Aside Sentence under Rule 27.26.” On March 28, 1972, defendant, represented by counsel, entered a plea of guilty to a charge of molesting a minor, § 563.160 V.A.M.S., and was sentenced to a prison term of five years. Counsel was appointed to represent the defendant on the motion. The trial court held an evidentiary hearing in the presence of defendant and his attorney. The trial court made certain findings of fact and conclusions of law.

Although the motion contained several grounds for relief, only two…