OTT LAW

Tommie K. Tyler, Appellant, v. State of Missouri, Respondent.

Decision date: Unknown

Opinion

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Tommie K. Tyler, Appellant, v. State of Missouri, Respondent. Case Number: 73215 Handdown Date: 10/20/1998 Appeal From: Circuit Court of St. Louis County, Hon. Philip J. Sweeney Counsel for Appellant: Paul Yarns Counsel for Respondent: Breck K. Burgess Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. J. Dowd, C.J., Karohl, J., and Blackmar, Sr.J., concur. Opinion: ORDER Tommie K. Tyler appeals denial of Rule 24.035 relief without an evidentiary hearing. He pled guilty to attempted first-degree burglary. Section 564.011 RSMo 1994. Tyler's two allegations of ineffective assistance of counsel are refuted by the plea record. His allegation the plea court misled him is not cognizable under the rule. He acknowledged his plea bargain and testified he got "the sentence [he] expected under the plea bargain." Thus, the findings of fact are not clearly erroneous. No error of law appears. An extended opinion would have no precedential value. The judgment is affirmed. Rule 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.

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