Dickson v. State, 565 S.W.3d 199 (2018)

Oct. 9, 2018 · Missouri Court of Appeals, Eastern District, DIVISION TWO · No. ED 106223

565 S.W.3d 199

James H. DICKSON, Movant/Appellant,
v.
STATE of Missouri, Respondent.

No. ED 106223

Missouri Court of Appeals, Eastern District, DIVISION TWO.

FILED: October 9, 2018
Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 2018
Application for Transfer to Supreme Court Denied January 29, 2019

ATTORNEY FOR APPELLANT: Kristina Starke Olson, Office of the State Public Defender, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

ATTORNEY FOR RESPONDENT: Joshua D. Hawley, Attorney General, Shaun J. Mackelprang, Assistant Attorney General, P.O. Box 899, Jefferson City, MO 65102.

Before Philip M. Hess, P.J., Robert G. Dowd, Jr., J., and Mary K. Hoff, J.

ORDER

James H. Dickson ("Movant") appeals from the motion court's Findings of Fact, Conclusions of Law, Order and Judgment ("Judgment") denying Movant's Amended Motion to vacate, Set Aside, or Correct Judgment and Sentence, which alleged a sentence in excess of the maximum authorized by law, without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential or precedential purpose. We have, however, provided a memorandum opinion for the use of the parties setting forth the reasons for our decision. We affirm the Judgment pursuant to Rule 84.16(b).