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Tyler v. State

Missouri Court of Appeals, Eastern District, Division Five
Oct 20, 1998
980 S.W.2d 119 (Mo. Ct. App. 1998)

Opinion

No. 73215.

OPINION FILED: October 20, 1998.

APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY, HON. PHILIP J. SWEENEY, JUDGE.

Paul Yarns, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before ROBERT G. DOWD, Jr., C.J., KAROHL, J. and CHARLES B. Blackmar, Senior Judge.


ORDER


Tommie K. Tyler appeals denial of Rule 24.035 relief without an evidentiary hearing. He pled guilty to attempted first-degree burglary. Section 564.011 RSMo 1994. Tyler's two allegations of ineffective assistance of counsel are refuted by the plea record. His allegation the plea court misled him is not cognizable under the rule. He acknowledged his plea bargain and testified he got "the sentence [he] expected under the plea bargain." Thus, the findings of fact are not clearly erroneous. No error of law appears. An extended opinion would have no precedential value. The judgment is affirmed. Rule 84.16(b).


Summaries of

Tyler v. State

Missouri Court of Appeals, Eastern District, Division Five
Oct 20, 1998
980 S.W.2d 119 (Mo. Ct. App. 1998)
Case details for

Tyler v. State

Case Details

Full title:TOMMIE K. TYLER, APPELLANT, v. STATE OF MISSOURI, RESPONDENT

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

Date published: Oct 20, 1998

Citations

980 S.W.2d 119 (Mo. Ct. App. 1998)