Hooper v. State

McMillian, Judge.

James Robert Hooper, movant-appellant, appeals from an order of the circuit court granting the state’s motion to dismiss, without hearing, his application for relief pursuant to Rule 27.26. We affirm.

In September, 1974, four months after a medical determination of appellant’s competency was filed with the court, appellant pleaded guilty to charges'of second degree murder and assault with intent to kill with malice. After conducting an examination as required by Rule 25.04, the court accepted the pleas and sentenced appellant to terms of forty (40) and twenty (20) years…