State v. Duckett

CROW, Presiding Judge.

After his first trial ended in a deadlocked jury, Garth Wayne Duckett (“Appellant”) was tried anew and found guilty by a jury of the class A felony of assault in the first degree, § 565.050.1 The trial court found Appellant to be a prior offender, § 558.-016.2, and a persistent offender, § 558.-016.3, and imposed a 30-year sentence. Appellant brings appeal 16395 from that judgment.

While appeal 16395 was pending, Appellant commenced a proceeding per Rule 29.-152 to vacate the judgment. After an evi-dentiary hearing, the motion court entered findings of fact, conclusions…