Kelley v. State

KERRY L. MONTGOMERY, Presiding Judge.

A jury found Elvis D. Kelley, Jr., (Mov-ant) guilty of the class B felony of rape in violation of § 566.030. The trial court sentenced Movant to a 30-year term of imprisonment. Movant appealed his conviction. This court affirmed the judgment and sentence in State v. Kelley, 945 S.W.2d 611 (Mo.App.1997). Thereafter, Movant filed a motion for postconviction relief pursuant to Rule 29.15. The motion court denied Movant’s request for relief after an evidentiary hearing. Movant appeals the motion court’s ruling.

The evidence in support of Movant’s underlying…