HUTTON v. STATE

No. WD 72236.

345 S.W.3d 373 (2011)

Terry L. HUTTON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 26, 2011.


Attorney(s) appearing for the Case

Susan E. Summers , Assistant Appellate Defender, Kansas City, MO, for appellant.

Chris Koster , Attorney General, Shaun J. Mackelprang , Assistant Attorney General, Jefferson City, MO, for respondent.

Before Division IV: LISA WHITE HARDWICK, Chief Judge, Presiding, and KAREN KING MITCHELL and CYNTHIA L. MARTIN, Judges.


KAREN KING MITCHELL, Judge.

This is a Rule 29.15 case. The issues are whether the defendant was abandoned by his post-conviction counsel and whether the Rule 29.15 motion stated facts sufficient to justify a hearing. We hold that the abandonment issue is not properly before us in that the defendant did not raise it below. We hold further that the Rule 29.15 motion did not state facts sufficient to warrant a hearing in that it did not allege facts that, if proved,...

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