Missouri Court of Appeals, 1997

Smith v. State

Smith v. State
Missouri Court of Appeals · Decided September 30, 1997 · Crane, Dowd, Russell
954 S.W.2d 13; 1997 Mo. App. LEXIS 1722 (South Western Reporter, Second Series)

Smith v. State

Opinion of the Court

ORDER

PER CURIAM.

Defendant appeals the trial court’s denial of his Rule 24.035 motion without an eviden-tiary hearing claiming that his attorney failed to inform him of the consequences of waiving a pre-sentence investigation report. Pursuant to a plea agreement, defendant pled guilty to two counts of child abuse, in violation of section 568.060.3, RSMo 1994, and was sentenced to two consecutive seven-year prison terms.

The findings and conclusions of the motion court are based on findings of fact that are not clearly erroneous. No error of law appears. An opinion reciting the detailed facts and restating the principles of law would have no precedential value. However, the parties have been furnished with a memorandum for their information only, setting forth the reasons for this order.

We affirm pursuant to Rule 84.16(b).

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