Osborn v. State

ROBERT S. BARNEY, Judge.

Appellant Jason B. Osborn (“Movant”) appeals the motion court’s denial without an evidentiary hearing of his Rule 29.15 motion.1 In his sole point relied on Mov-ant asserts “[t]he motion court clearly erred in denying [his] Rule 29.15 motion without granting an evidentiary hearing because [his] motion pleaded factual allegations which, if proven, would warrant relief....” He maintains he was prejudiced by the fact that the “trial court proceeded to trial without a jury without ascertaining on the record that [Movant’s] waiver was voluntarily and knowingly entered, as…