Movant appeals from the denial of his Rule 27.26 motion for post-conviction relief
On appeаl movant contends that the court erred in denying his 27.26 motion because there was not a sufficient factual basis before the sentencing court that the value of the stolen property which he had sold was worth at least $150.00 to warrant its acceptance of his guilty plea, and that consequently thе court was without jurisdiction to sentence him as a felon. In the alternative movant contends that hе should at least have been granted an evidentiary hearing on the matter, and he asks that we remаnd for such a hearing. We find these issues against movant and affirm.
The record shows that the movant’s guilty pleа was the result of a plea agreement. The agreement called for the mov-ant to receive twenty years out of a possible forty four years for the charges against him. The judge questionеd the movant thoroughly in regard to his understanding of the charges and voluntariness of his plea. The movant rеsponded in the affirmative to all of the judge’s questions asking him if he both understood the charges and was рleading voluntarily.
The judge also questioned the movant about the value of the stolen property. The movant’s initial response to these questions was equivocal, but he finally agreed that the valuе of the stolen property in each charge was worth more than $150.00. The prosecuting attorney stated that the state was prepared to put the owner of the stolen property on thе stand to testify that the value of the property exceeded $150.00.
In support of his contention thаt there was not a sufficient factual basis before the sentencing court that the stolen property was worth at least $150.00, movant attached to his motion a photocopy of a Sears сatalog listing the price of the property in question at $129.00.
In pleading guilty the movant forfeited his right to put on evidence at trial to disprove the elements of the charges against him.
State v. Dennis,
The issue to be decided here is whether the information before the sentenсing court supplied a sufficient factual basis for the court’s acceptance of the mov-ant’s guilty plea.
See
Rule 24.02(e). The prosecutor’s statement that he was prepared to have the owner of the property testify that the property was worth more than $150.00 was sufficient to establish thе requisite factual basis for the plea.
Allen v. State,
Finally, the movant contends that he should have been given an evidentiary hearing on his motion. Rule 27.26(e) states that an evidentiary hearing shall be held promptly after the filing of a motion for рost-conviction relief “[ujnless the motion and the files and records of the case conclusivеly show that the prisoner is not entitled to the relief .... ” In addition, this court in
Kearns
v.
State,
Affirmed.
