Mills v. State

CARL R. GAERTNER, Judge.

John Mills was found guilty by a jury in the Circuit Court of St. Francois County of stealing over $150 and sentenced as a persistent offender to a term of 15 years. His conviction was affirmed on direct appeal. State v. Mills, 728 S.W.2d 319 (Mo.App.1987).

On September 14, 1987 Mills filed a pro se motion to vacate pursuant to Rule 27.-26. 1 Counsel was appointed and an amend ment, incorporating the allegations of the original motion and adding others, was filed. The State filed a Motion for Summary Judgment supported by an affidavit of movant’s trial counsel in which…