Rogers v. State

Missouri Court of Appeals

Rogers v. State

686 S.W.2d 25, 1984 Mo. App. LEXIS 5152

CourtMissouri Court of Appeals

DecidedDecember 31, 1984

DocketNo. 48247

StatusPublished

This text of 686 S.W.2d 25 (Rogers v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rogers v. State, 686 S.W.2d 25, 1984 Mo. App. LEXIS 5152 (Mo. Ct. App. 1984).

Pincite

Opinion

CLEMENS, Senior Judge.

Movant Wayne Rogers (hereinafter defendant) appeals the denial of his Rule 27.-26 motion. He challenges two concurrent eleven-year sentences for first degree robberies rendered upon his guilty pleas.

Defendant testified he pled guilty because his counsel had advised him that if he pled not guilty, as a persistent offender he could be sentenced to as much as 30 years in prison. Defendant did not call trial counsel to testify.

The motion court found against defendant’s claim trial counsel had told him what his punishment would be if he was found to be a persistent offender. The hearing court ruled defendant had failed to show his guilty plea was involuntary for any reason.

VanMoore v. State, 667 S.W.2d 470[1, 2] (Mo.App.1984) holds that on a Rule 27.26 hearing it is movant’s burden to show error by preponderance of the evidence, and a trial court may reject movant’s testimony even though uncontradicted. So it is here.

Affirmed.

DOWD, P.J., and CRIST, J., concur.

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