Roberts v. State

MAUS, Judge.

A jury found movant, Gary Dowell Roberts, guilty of the first degree murder of Don Tracy on September 7, 1985. In accordance with the verdict of the jury, mov-ant was sentenced to imprisonment for life without eligibility for probation or parole. His conviction was affirmed on appeal. State v. Roberts, 738 S.W.2d 606 (Mo.App.1987). He now appeals from the denial of his motion under Rule 27.26 attacking that conviction and sentence.1

A statement of the facts of the homicide is found in State v. Roberts, supra. Also see Tygart v. State, 752 S.W.2d 362 (Mo.App.1988). The following…