Rumble v. State

SATZ, Presiding Judge.

Movant Michelle Rumble appeals the denial of her Rule 27.26 motion after an evi-dentiary hearing. We affirm.

Movant was originally charged with capital murder. At her trial, which ran from July 28, 1982 to August 3, 1982, movant was convicted of felony-murder (first degree murder). § 565.003, RSMo.1978. Movant’s conviction was affirmed on direct appeal in State v. Rumble, 680 S.W.2d 939 (Mo. banc 1984).

In her 27.26 motion, movant alleges it was error for the trial court to give the felony-murder instruction because felony-murder was not a lesser included offense of…