Missouri Court of Appeals, 2010

Markle v. State

Markle v. State
Missouri Court of Appeals · Decided August 24, 2010 · Odenwald, Dowd, Baker
318 S.W.3d 323; 2010 Mo. App. LEXIS 1092; 2010 WL 3314784 (South Western Reporter, Third Series)

Markle v. State

Opinion

ORDER

PER CURIAM.

John Markle (“Movant”) appeals from the denial of his Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing. Movant contends the motion court clearly erred in denying his Rule 24.035 motion without an evidentiary hearing because he alleged facts, not conclusively refuted by the record, that (1) the guilty plea to the charge of armed criminal action lacked a factual basis, and (2) the guilty plea to the charge of murder in the second degree lacked a factual basis.

We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. The motion court’s findings of fact and conclusions of law are not clearly erroneous. Rule 24.035(k). An opinion reciting the detailed facts and restating 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. The judgment is affirmed in accordance with Rule 84.16(b).

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