Opinion
No. 10067.
September 14, 1976.
APPEAL FROM THE CIRCUIT COURT, SCOTT COUNTY, STANLEY A. GRIMM, SPECIAL JUDGE.
Anthony J. Heckemeyer, Sikeston, for movant-appellant.
John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.
Before BILLINGS, C. J., and STONE and TITUS, JJ.
Movant Larry Winfield's grounds for post-conviction relief from a sentence for rape — that his plea of guilty was involuntary and he did not have effective assistance of counsel — are refuted by his guilty plea transcript. Smith v. State, 513 S.W.2d 407 (Mo. banc 1974), cert. denied, 420 U.S. 911, 95 S.Ct. 832, 42 L.Ed.2d 841 (1975); Hogshooter v. State, 514 S.W.2d 109 (Mo.App. 1974).
The trial court did not err in denying the Rule 27.26 motion without conducting an evidentiary hearing.
All concur.