In view of movant's statement before the plea that he had not received any promises which caused him to enter the plea and because the trial judge did not have to believe movant's testimony, we cannot say that the trial court's finding was clearly erroneous. Therefore, neither Wilson v. State, 490 S.W.2d 33 (Mo. 1973), nor State v. Rose, 440 S.W.2d 441 (Mo. 1969), relied on by movant, are applicable. The judgment is affirmed.
After taking measure of the principal legal ground which Russell relies upon both in his Rule 27.26 motion and on appeal, it remains to be seen whether the facts pleaded in support thereof in his Rule 27.26 motion and the files and records in the case "conclusively" show that he was entitled to no relief. Admittedly, Smith v. State, 513 S.W.2d 407, 411-12 (Mo.banc 1974), cert. denied 420 U.S. 911, 95 S.Ct. 832, 42 L.Ed.2d 841 (1975), and its progeny hold, that if the motion and the files and records of the case conclusively show that the movant in a Rule 27.26 motion is not entitled to any relief, an evidentiary hearing is not required. Conversely, if the motion and the files and records of the case do not conclusively show that the movant in a Rule 27.26 motion is not entitled to any relief, an evidentiary hearing is required. Rule 27.26(e); Wilson v. State, 490 S.W.2d 33, 34 (Mo. 1973); and Burrage v. State, 477 S.W.2d 118, 120 (Mo. 1972). Even a cursory examination of Russell's Rule 27.26 motion pertaining to the principal ground for relief, the facts pleaded therein to support it, and the files and records in the case, overwhelmingly demonstrate that they do not show, much less conclusively show, that Russell is not entitled to any relief. In fact, just the opposite is true. They show that more than one hundred and eighty days elapsed after receipt of a request for final disposition of the pending "auto theft" charge without a trial being afforded, and there is nothing in the files and records of the case, according to the transcript filed in this appeal, even remotely suggesting that good cause was shown for granting "additional necessary or reasonable time" for disposing of the charge by trial or that a continuance was stipulated or granted on proper notice.