Phelps v. State

GARY M. GAERTNER, Judge.

Appellant, Charles Phelps, appeals from an order of the Circuit Court of Lincoln County denying his Rule 24.035 motion without an evidentiary hearing. We affirm.

On May 22, 1987, movant pled guilty to four counts of sexually abusing three girls, ages 9, 6 and 3. From the record, it appears that movant was originally charged with three counts of the Class B felony of rape; however, due to the efforts of his trial counsel, the State amended the charges against movant to the Class D felony of sexual abuse in the first degree. On July 10, 1987, movant was sentenced to five…