Smith v. State

SNYDER, Judge.

Jesse Smith appeals from the denial without an evidentiary hearing of his Rule 27.-26 motion. The judgment is affirmed.

Appellant was convicted in 1980 of murder in the second degree and sentenced to twenty-five years imprisonment. The conviction was affirmed by this court on direct appeal. State v. Smith, 641 S.W.2d 463 (Mo.App.1982). Appellant then filed this pro se Rule 27.26 motion. It was denied. A timely appeal was not filed, but the trial court, after some legal maneuverings and a successful appeal by movant, vacated its original denial of the Rule 27.26 motion, and…