Public-domain · open source
OpenJurist

532 S.W.2d 897

Baker v. State

Missouri Court of Appeals

Decided January 27, 1976

Missouri Court of Appeals · decided 1976-01-27

Cited by 4 later decisions — most recently August 1979

4 state decisions

Relies on Dill v. State · State v. McCullough

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-27

View the full empirical analysis of this case →

PER CURIAM.

¶1Upon his plea of guilty to the charge of possession of a controlled substance in *898Schedule III, Movant was sentenced to one year in the county jail. The court stayed execution and placed Movant on probation for a period of four years. Approximately six months later Movant filed his Motion to Withdraw Plea of Guilty and to Vacate, Set Aside or Correct Sentence in accordance with Rule 27.25 and 27.26. Movant’s motion alleged that he did not have effective assistance of counsel and that the plea was not voluntary because Movant was induced to enter the plea of guilty upon the assurance of counsel that he would receive a suspended sentence.

¶2After an evidentiary hearing the court made the following entry:

“Defendant’s Motion to Withdraw Plea of Guilty and to Vacate, Set Aside or Correct Sentence heretofore heard and submitted, is denied.”

¶3Our review upon an appeal with respect to Rule 27.26 is limited “. . .to a determination of whether the findings, conclusions and judgment of the trial court is clearly erroneous.” 27.26(j). Dill v. State, 525 S.W.2d 437 (Mo.App.1975).

¶4By paragraph (i) of Rule 27.26 the trial court is required to “. . . make findings of fact and conclusions of law on all issues presented . . .”

¶5The entry of the court in this case is not sufficient to permit Movant to properly perfect his appeal or for this court to undertake the limited review provided under Rule 27.26(j). State v. McCullough, 493 S.W.2d 353 (Mo.App.1973).

¶6This cause is remanded to the trial court for findings of fact and conclusions of law upon all of the issues presented by the Movant.

All Judges concur.
/532/sw2d/897 · .json · Public domain