On appeal, this court reversed and remanded with directions to make findings of fact and conclusions of law on all issues presented, as required by former Rule 27.26(i). Mannon v. State, 727 S.W.2d 936, 939 (Mo.App. 1987). On remand, counsel was appointed for the defendant and the petition or motion for relief was amended.
To be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Batson v. State, 774 S.W.2d 882, 885-86[4] (Mo.App. 1989); Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984). There is no allegation in appellant's 29.15 motion that he was prejudiced by the denial of his motion for change of judge or by defense counsel's failure to request a change of venue.
Movant, at the outset of his argument, acknowledges that to be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Boggs v. State, 742 S.W.2d 591, 594[1] (Mo.App. 1987); Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984). Movant insists the following allegations entitled him to an evidentiary hearing on the issue of ineffective assistance of counsel: (1) defense counsel did not advise movant of the defense of not guilty by reason of mental disease or defect excluding responsibility, despite knowledge by counsel that movant had previously been determined to have psychotic tendencies, (2) there is a strong likelihood that movant suffered from a mental disease or defect and was psychotic at the time of the offense, and defense counsel was ineffective for failing to inform movant of the defense of not guilty by reason of mental disease or defect because the presentence investigation report stated movant had a history of social problems and as a juvenile was found to possess pre-psychotic tendencies, (3) defense counsel told movant his history of psychotic behavior was irrelevant to his case and he should not mention his prior mental condition to anyo
To be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Boggs v. State, 742 S.W.2d 591, 594[1] (Mo.App. 1987); Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984). Here the record in the plea court conclusively refutes movant's allegation that his "trial attorney" led him to believe he would receive probation or a short jail term.
To be entitled to an evidentiary hearing on the issue of ineffective assistance of counsel, a prisoner seeking postconviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Boggs v. State, 742 S.W.2d 591, 594[1] (Mo.App. 1987); Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984). The segment of movant's point relied on concerning ineffective assistance of counsel does not state wherein and why the motion, files and records do not conclusively show he is ineligible for relief on his contention that he was denied effective assistance of counsel.
To be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Boggs v. State, 742 S.W.2d 591, 594[1] (Mo.App. 1987); Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984). Where a plea of guilty has been entered, the adequacy of representation is immaterial unless counsel was so incompetent that the plea was not entered voluntarily and with understanding of the nature of the charge.
To be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984); Merritt v. State, 650 S.W.2d 21, 22[1] (Mo.App. 1983). A motion to vacate under Rule 27.26 which contains mere conclusional allegations and sets out no facts which, if true, would authorize relief does not warrant an evidentiary hearing.
To be entitled to an evidentiary hearing on the issue of ineffectiveness of counsel, a prisoner seeking post-conviction relief must plead facts, not conclusions, which if true would warrant relief; those facts must not be refuted by the record; and the matters complained of must have resulted in prejudice to the prisoner. Mannon v. State, 727 S.W.2d 936, 938[1] (Mo.App. 1987); Baker v. State, 680 S.W.2d 278, 281[3] (Mo.App. 1984); Merritt v. State, 650 S.W.2d 21, 22-23 (Mo.App. 1983). Guided by the above principles, we shall first examine each allegation of the pro se motion to determine whether such allegation warranted an evidentiary hearing.