Patrick Bauer v. State Missouri

Patrick Bauer (movant) pleaded guilty to the class C felony of assault in the second degree. § 565.060.1(3). 1 He was sentenced to seven years' imprisonment. § 558.011.1(3). After transfer to the Department of Corrections, movant filed a motion for post-conviction relief as permitted by Rule 24.035. The trial court denied the motion without an evidentiary hearing. Movant contends in his first point on appeal that he was entitled to an evidentiary hearing. His motion alleged that he received ineffective assistance of counsel in the underlying criminal case. Movant asserts his claim that ""trial counsel erroneously advised him that he would receive 120-day callback in exchange for his plea of guilty"" was not refuted in the record of the guilty plea or sentencing hearing; that, therefore, his plea of guilty was not made voluntarily and intelligently.