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FUNK v. STATE

Missouri Court of Appeals, Western District
Sep 9, 1980
603 S.W.2d 41 (Mo. Ct. App. 1980)

Opinion

No. WD30952.

July 8, 1980. Motion for Rehearing and/or Transfer to Supreme Court Denied August 4, 1980. Application to Transfer Denied September 9, 1980.

APPEAL FROM THE CIRCUIT COURT, JACKSON COUNTY, LOUIS LOMBARDO, J.

Clifford A. Cohen, Public Defender, Gary L. Gardner, Kevin R. Locke, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, C. J., Presiding, and PRITCHARD and KENNEDY, JJ.


After pleading guilty on October 25, 1978, to burglary in the second degree and stealing, and after having been sentenced to imprisonment, appellant moved on March 14, 1979, to vacate and set aside the sentence under Rule 27.26. The trial court appointed counsel, held an evidentiary hearing, made findings of fact and conclusions of law, and entered judgment overruling the motion. From that judgment, appellant pursues this appeal. He alleges as his sole point that the court erred in its ruling because appellant did not voluntarily plead guilty in that his trial counsel ineffectively failed to interview two potential alibi witnesses.

Upon a review of the entire record, we have determined that the judgment of the trial court is based upon findings of fact which are not clearly erroneous and no error of law appears. An extended opinion would have no precedential value. Accordingly, the judgment is affirmed by this memorandum opinion under Rule 84.16(b).


Summaries of

FUNK v. STATE

Missouri Court of Appeals, Western District
Sep 9, 1980
603 S.W.2d 41 (Mo. Ct. App. 1980)
Case details for

FUNK v. STATE

Case Details

Full title:JACK A. FUNK, APPELLANT, v. STATE OF MISSOURI, RESPONDENT

Court:Missouri Court of Appeals, Western District

Date published: Sep 9, 1980

Citations

603 S.W.2d 41 (Mo. Ct. App. 1980)