Johnson v. State

CLEMENS, Judge.

Movant Theodore Roosevelt Johnson (hereafter “defendant”) has appealed the summary denial of his Rule 27.26 motion wherein he challenged his conviction for murder and lesser offenses. On direct appeal this court affirmed. State v. Johnson, 539 S.W.2d 493 (1976).

On this appeal defendant raises two related points: That the trial court erred by failing to appoint counsel to represent him on his motion and failed to make findings of fact and conclusions of law. (Rule 27.-26(h), (i) and (j)). The determinative issue is whether defendant’s motion alleged facts which warranted an…