Smith v. State

GUNN, Judge.

The state appeals from a trial court order granting defendant’s Rule 27.26 motion to vacate judgment and sentence for two armed criminal action convictions. We affirm.

Defendant entered guilty pleas to two counts of first degree robbery, one count of assault with intent to do great bodily harm and two counts of armed criminal action arising out of the robbery counts. Sentence on one count of armed criminal action was consecutive to one robbery count; the other was concurrent.

Under the rule announced by the Missouri Supreme Court in Sours v. State, 593 S.W.2d 208 (Mo. banc) (Sours…