Public-domain · open source
OpenJurist

290 S.W.3d 841

Smith v. State

Missouri Court of Appeals

Decided September 1, 2009

Missouri Court of Appeals · decided 2009-09-01

Decided 2009-09-01

¶1 ORDER

PER CURIAM:

¶2 Mr. Jerry D. Smith appeals the judgment denying his Rule 24.035 motion for post-conviction relief without an evidentia-ry hearing. Mr. Smith claims that he was entitled to an evidentiary hearing because the record does not refute the claims that his plea was not knowing, voluntary, and *842 intelligent based on (1) counsel’s ineffectiveness; (2) counsel’s promise of a five-year sentence; and (3) a prosecutorial threat to charge his wife with an offense unless he pleaded guilty.

¶3 For reasons stated in the memorandum provided to the parties, we affirm. Rule 84.16(b).

/290/sw3d/841 · .json · Public domain