State ex rel. Westfall v. Crowder

GUNN, Judge.

The state appeals from a trial court order granting defendant’s Rule 27.26 motion to vacate judgment and sentence for an armed criminal action conviction. We affirm.

*718Defendant entered guilty pleas to Count I, stealing from a person, a felony (§ 560.-156, RSMo 1969); Count II, armed criminal action, a felony (§ 559.225, RSMo Supp. 1976); and Count III, assault with intent to kill, a felony (§ 559.180, RSMo 1969). Each count arose out of the same occurrence. He was sentenced to three years’ imprisonment on each count, the sentences to run concurrently.

Under the rule announced by the…