Jack Laverne Fisk v. State Missouri

On March 20, 1972, appellant (hereinafter referred to as the defendant) entered a plea of guilty to a charge of murder in the second degree. Sentencing was deferred until May 5, 1972, for a presentence investigation and report. On May 12, 1972, he was sentenced to imprisonment for a period of ten years in the custody of the Missouri Department of Corrections. Thereafter on April 4, 1973, defendant filed a motion to vacate or set aside the conviction and sentence pursuant to Rule 27.26, V.A.M.R. 1 On April 24, 1973, the Judge of the trial court, without affording the defendant an evidentiary hearing on his post-conviction motion, filed a memorandum opinion including findings of fact and Conclusions of law and denied defendant's motion. A timely notice of appeal was filed from this adverse ruling. On appeal, the sole issue presented is whether the trial court erred in denying defendant's motion for post-conviction relief without an evidentiary hearing. We conclude that the trial court did not so err and therefore affirm.