BURNS v. STATE

No. 10023.

527 S.W.2d 45 (1975)

Walter Dewitt BURNS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

August 20, 1975.


Attorney(s) appearing for the Case

O. J. Gibson, Jr., Downs, Johnson & Gibson, Cape Girardeau, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before BILLINGS, C. J., and STONE and TITUS, JJ.


BILLINGS, Chief Judge.

Appellant Walter Dewitt Burns claims the Circuit Court of Mississippi County should have conducted an evidentiary hearing on his Rule 27.26 motion to vacate judgment and sentence imposed for manslaughter following his 1971 plea of guilty.

Appellant's motion alleged he was not informed of the range of punishment by the sentencing judge and he had been promised a ten-year sentence and probation in exchange for his guilty plea.

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