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Hill v. State

Missouri Court of Appeals, Eastern District, Southern Division
Nov 22, 1983
661 S.W.2d 71 (Mo. Ct. App. 1983)

Opinion

No. 45167.

November 22, 1983.

APPEAL FROM THE ST. FRANCOIS COUNTY CIRCUIT COURT, DONALD U. ELROD, J.

Lenzie L. Leftridge, Jr., Flat River, for appellant.

John Ashcroft, Atty. Gen., Sandra K. Stratton, Asst. Gen., Jefferson City, for respondent.


Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing. We affirm.

Movant claims entitlement to an evidentiary hearing because his motion alleged he pleaded guilty to carrying a concealed weapon based upon threatened prosecution for arson, thereby rendering the guilty plea involuntary.

The transcript of the guilty plea proceeding conclusively repudiates movant's contention, therefore obviating a need for an evidentiary hearing. Rule 27.26(j); Merritt v. State, 650 S.W.2d 21, 22 (Mo.App. 1983).

The record of the guilty plea hearing demonstrates movant voluntarily pleaded guilty to the concealed weapons charge along with two other misdemeanors in exchange for the state dismissing an arson charge. The agreement did not render movant's guilty plea involuntary. Bonner v. State, 595 S.W.2d 393, 396 (Mo.App. 1980). Substantial evidence supports the trial court's findings of fact and no error of law appears. An extended opinion would lack precedential value.

Judgment affirmed in accordance with Rule 84.16(b).

DOWD, C.J., and SNYDER, J., concur.


Summaries of

Hill v. State

Missouri Court of Appeals, Eastern District, Southern Division
Nov 22, 1983
661 S.W.2d 71 (Mo. Ct. App. 1983)
Case details for

Hill v. State

Case Details

Full title:HARRISON HILL, APPELLANT, v. STATE OF MISSOURI, RESPONDENT

Court:Missouri Court of Appeals, Eastern District, Southern Division

Date published: Nov 22, 1983

Citations

661 S.W.2d 71 (Mo. Ct. App. 1983)

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