Whitworth v. State

REINHARD, Judge.

Movant appeals from a denial of his Rule 27.26 motion without an evidentiary hearing. On appeal, he contends that the court erred in failing to grant him an evidentiary hearing because his Rule 27.26 motion, as amended, raised issues of fact. In his Rule 27.26 motion, movant alleges that his counsel ineffectively assisted him because his attorney failed to explore and explain to him all available defenses. Movant specifically refers to the defense of intoxication.

In the court’s findings of fact and conclusions of law, the court concluded that, based upon the files, records and…