Missouri Court of Appeals, 1995

Averbeck v. State

Averbeck v. State
Missouri Court of Appeals · Decided June 20, 1995 · Berrey, Hanna, Spinden
899 S.W.2d 604; 1995 Mo. App. LEXIS 1135 (South Western Reporter, Second Series)

Averbeck v. State

Opinion of the Court

ORDER

PER CURIAM.

Thomas D. Averbeck appeals the denial of his Rule 24.035 motion to vacate his conviction of sodomy for which the court sentenced him to 10 years in prison. He contends that *605his attorney did not tell him of exculpatory evidence before he entered an Alford plea to the charge. The circuit court denied his motion without an evidentiary hearing because the record refuted Averbeck’s aver-ments. We agree and affirm the denial. Because we do not discern any jurisprudential value to publishing an opinion, we issue this summary order. Rule 84.16(b).

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