Lucious v. State

CARL R. GAERTNER, Judge.

Movant appeals the trial court’s denial, without an evidentiary hearing, of his Rule 27.26 motion. We affirm.

Movant was convicted of second degree murder and sentenced to ten years imprisonment, following a guilty plea, on April 5, 1985. No appeal was filed. Movant had originally been charged with capital murder, but the charge was amended pursuant to a plea agreement.

Movant then filed a pro se Rule 27.26 motion alleging three points of ineffective assistance of counsel, two points of court error, and one point of prosecutorial error. Movant claimed counsel was…