Court of Appeals of Missouri, Eastern District, Fifth Division
from the Circuit Court of Ste. Genevieve County Honorable
Wendy W. Horn
M. Hess, Presiding Judge.
Evans ("Movant") appeals the motion court's
denial, without an evidentiary hearing, of his Rule
24.035 amended motion for post-conviction relief.
In his sole point relied on, Movant argues the motion court
erred in denying his Rule 24.035 motion without an
evidentiary hearing because he alleged facts, unrefuted by
the record, that his plea counsel was ineffective for failing
to meet with him prior to the day before his guilty plea and
failing to investigate his case. We affirm.
January 15, 2015, Movant stole a 2005 Jeep Liberty. The
following day, the Prosecuting Attorney of the County of Ste.
Genevieve obtained a warrant for Movant's arrest. Movant
was arrested and taken into custody. On March 5, 2015, after
waiving his preliminary hearing, Movant was charged by
substitute information in lieu of indictment with the class C
felony of stealing a motor vehicle, in violation of Section
March 16, 2015, Movant met with his attorney ("Plea
Counsel") in the Ste. Genevieve County jail to discuss
his case. Movant told Plea Counsel he wanted to plead guilty.
Although Plea Counsel urged Movant to wait before pleading
guilty, Plea Counsel set Movant's case for arraignment on
March 17, 2015. Plea Counsel also filed a motion for
discovery on March 17, 2015.
Plea Counsel viewed discovery, Movant pleaded guilty as
charged on March 17, 2015, pursuant to a plea agreement with
the State. The court explained to Movant he was charged with
a class C felony of stealing a motor vehicle as a prior and
persistent offender and that he was subject to an enhanced
range of punishment. Movant told the court he had not been
mistreated, forced, coerced, or pressured to plead guilty,
and that it was his decision alone to plead guilty. The court
explained to Movant the rights he would be waiving by
pleading guilty, and Movant stated he understood those rights
and agreed he was voluntarily waiving them.
court explained the factual basis for the charge. The court
further stated Movant had five prior felony convictions,
including one conviction for first-degree property damage,
one conviction for second-degree burglary, and three
convictions for first-degree tampering with a motor vehicle.
Movant told the court he understood his charge, Movant
admitted he had stolen the motor vehicle, and Movant admitted
to having five prior convictions. Movant was informed the
range of punishment was up to 15 years of imprisonment on the
class C felony of stealing a motor vehicle charge. Movant
waived his formal sentencing assessment report, and was
sentenced to 12 years of imprisonment, to run concurrently
with sentences he received from Perry County. 
sentencing, Movant agreed he had all the time he needed to
talk with Plea Counsel. He further agreed Plea Counsel did
everything he wanted him to do, and did not refuse to do
anything he wanted him to do. Movant told the court he was
fully satisfied with the services of Plea Counsel. The plea
court found no evidence of ineffective counsel.
filed his pro se Rule 24.035 motion for
post-conviction relief on August 13, 2015, alleging
ineffective assistance of counsel. Appointed counsel filed
Movant's Rule 24.035 amended motion on February 3, 2016,
pursuant to a 30-day extension, alleging ineffective
assistance of counsel for failure to meet with him prior to
March 16, 2015, and failure to discover, prior to his guilty
plea, that: (1) Movant was deprived of Lithium, his
prescribed mania and paranoia medication, and (2) Movant was
homeless at the time of the charged offense. Movant's
amended motion included a request for an evidentiary hearing.
motion court entered findings of fact and conclusions of law
denying Movant's Rule 24.035 motion without an
evidentiary hearing. The motion court found Movant's
claim was "clearly refuted by the record" in that a
waiver of preliminary hearing was executed by Movant and his
Plea Counsel on March 3, 2015, indicating that Plea Counsel
met with Movant prior to March 16, 2015. The motion court
also found Movant's allegations that Plea Counsel failed
to investigate his case refuted by the record because Movant
acknowledged in his written plea agreement he took
medications, namely Visterel, Paxil, and Nerotin, and that
his mind was clear, and that Movant's public defender
application, included in the record, disclosed his address as
537 Gray Street in Perryville, Missouri. The motion court
further acknowledged that Movant told the court at sentencing
that he had all the time he needed to speak with his Plea
Counsel. This appeal follows.
motion court's findings are presumptively correct.
Jones v. State, 516 S.W.3d 447, 450 (Mo. App. E.D.
2017). Therefore, appellate review of post-conviction motions
is limited to determining whether the motion court's
findings of fact and conclusions of law are "clearly
erroneous." Rule 24.035(k); Roberts v. State,
276 S.W.3d 833, 835 (Mo. banc 2009). Findings and conclusions
are deemed clearly erroneous only if, after review of the
record, the appellate court is ...