Tygart v. State

MAUS, Judge.

By his motion under Rule 27.26, the mov-ant, David Tygart, seeks to set aside his sentence and withdraw his plea of guilty to a charge of first degree murder. § 565.020. His motion alleged four grounds why that relief should be granted. Following an evidentiary hearing, the motion court found against movant on two allegations. But, under the third and fourth allegations, it set aside the sentence and directed the trial court to hold a hearing on the movant’s request to withdraw his plea of guilty with leave to the movant to present evidence. The state appeals from that judgment.…