Opinion
No. 58398
Submitted November 3, 2000 Filed December 5, 2000 Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 2001. Application for Transfer Denied March 20, 2001.
APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, HONORABLE JAMES D. WILLIAMSON, JR., JUDGE.
Susan L. Hogan, Appellate Defender, Kansas City, MO for Appellant
John M. Morris, III, Asst. Attorney General, Jefferson City, MO for Respondent
Before: James M. Smart, Jr., P.J., Joseph M. Ellis and Laura D. Stith, JJ.
Order
Appellant, Terry Fletcher, appeals the denial without an evidentiary hearing of his Rule 24.035 motion for post-conviction relief by the Circuit Court of Jackson County. Mr. Fletcher pleaded guilty to burglary in the first degree, § 569.160, RSMo 1994, kidnapping, § 565.110, RSMo 1994, robbery in the first degree, § 569.020, RSMo 1994, and armed criminal action, § 571.015, RSMo 1994. On November 25, 1998, the court sentenced Mr. Fletcher to fifteen years in prison on two counts and to twenty years in prison on the remaining counts (eight counts). In his post-conviction motion, Mr. Fletcher contended that he was induced to plead guilty by counsel's promise that his sentence would not exceed ten years of confinement. The motion court denied relief without an evidentiary hearing. Fletcher contends on appeal that he is entitled to an evidentiary hearing because the record does not refute his contentions.
The judgment is affirmed. Rule 84.16(b).