EVANS v. STATE

No. WD 52064.

921 S.W.2d 162 (1996)

Stanley EVANS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

May 7, 1996.


Attorney(s) appearing for the Case

Rebecca L. Kurz, Asst. Appellate Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., David R. Truman, Asst. Atty. Gen., Jefferson City, for Respondent.

Before FENNER, C.J., P.J., and EDWIN H. SMITH and ELLIS, JJ.


FENNER, Chief Judge.

Appellant, Stanley Evans, appeals the dismissal, without an evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. Appellant's motion was in regard to his plea of guilty to the charge of murder in the second degree.

Appellant argues on appeal that the motion court erred in denying his motion without an evidentiary hearing because he pleaded factual allegations, not refuted by the record, which would warrant relief if...

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