Haymon v. State

CLEMENS, Senior Judge.

Movant (hereafter “defendant”) appeals the summary denial of his Rule 27.26 motion.

Defendant had been indicted for capital murder, convicted of second degree murder and sentenced as a prior offender to life in prison. Affirmed on appeal, State v. Haymon, 616 S.W.2d 805 (Mo. banc 1981).

The motion court summarily denied defendant’s motion and he has appealed. By his motion defendant had alleged error because the state attempted to amend the capital murder charge to first degree murder. He contended that deprived the trial court of jurisdiction and deprived him of the right…