Missouri Court of Appeals, 1976

Winfield v. State

Winfield v. State
Missouri Court of Appeals · Decided September 14, 1976 · Billings, Stone, Titus
541 S.W.2d 572; 1976 Mo. App. LEXIS 2806 (South Western Reporter, Second Series)
Winfield v. State

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Opinion of the Court

BILLINGS, Chief Judge.

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.

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