Futrell v. State

RENDLEN, Chief Justice.

Appeal from dismissal of second Rule 27.26 motion without an evidentiary hearing. Movant’s challenge to the validity of § 556.280, RSMo 1969, brings the cause within this Court’s exclusive appellate jurisdiction. Mo. Const., Art. V, § 3.

In February, 1977, movant Edgar Futrell was convicted of robbery first degree, two counts, and sentenced under the second offender statute to concurrent terms of 45 years on each count. His conviction was affirmed by the Missouri Court of Appeals in State v. Futrell, 565 S.W.2d 465 (Mo.App.1978).

On September 26, 1979, movant filed a…