Laney v. State

REINHARD, Presiding Judge.

Movant was convicted of rape on January 29, 1971, and sentenced to a 60 year term. His conviction was affirmed by the Missouri Supreme Court. State v. Laney, 506 S.W.2d 452 (Mo.1974). On March 12, 1976, movant submitted his Rule 27.26 Motion to Vacate Judgment and Sentence. An amended motion was filed on behalf of Movant on October 5, 1976. The circuit court granted the motion on June 22, 1978, without an evidentiary hearing.1 The state appeals. The original conviction and subsequent motion were predicated on the following facts:

The rape with which movant was charged…