Berry v. State

DOWD, Presiding Judge.

Irving J. Berry, Jr., was convicted on September 13, 1979, of first degree robbery, rape, and kidnapping and was sentenced to life, thirty years, and twenty-five years respectively. His convictions were affirmed on direct appeal to the Missouri Supreme Court. State v. Berry, 609 S.W.2d 948 (Mo. banc 1980). Thereafter, movant, Irving J. Berry, Jr., filed for post conviction relief under Rule 27.26 to vacate the sentences and judgment.

Movant contends that the trial court committed error by: (1) denying his Rule 27.26 motion without an evidentiary hearing on his claim of…