Morton v. State

FLANIGAN, Judge.

Movant Kimbal Morton appeals from an order denying, without an evidentiary hearing, his Rule 27.26 V.A.M.R. motion to set aside a judgment and sentence for armed robbery. In the underlying criminal proceeding the trial court, sitting without a jury, found defendant guilty of armed robbery and sentenced him to 18 years’ imprisonment. This court affirmed that judgment. State v. Morton, 648 S.W.2d 642 (Mo.App.1983).

On his appeal in the robbery case Morton contended that the trial court abused its discretion in denying his motion to withdraw his waiver of his right to trial by…