Ban v. State

KURT S. ODENWALD, Judge *543Introduction

Robert E. Ban ("Ban") appeals the motion court's denial of his Rule 24.0351 motion without an evidentiary hearing. After a checkered probation history, the circuit court revoked Ban's probation and ordered the execution of his sentence. In his sole point on appeal, Ban argues that the motion court clearly erred in denying his Rule 24.035 motion without an evidentiary hearing because the circuit court lacked the necessary authority to revoke his probation. Because the record refutes Ban's claim that his probation was revoked after his period of probation had…