Page v. State

STEWART, Presiding Judge.

This is a proceeding under Rule 27.26 in which movant seeks to have his conviction for assault with intent to maim with malice aforethought vacated. The trial court dismissed the Motion to Vacate Judgment and Sentence without an evidentiary hearing.

The incident giving rise to movant’s conviction took place while movant was incarcerated in the St. Louis City Medium Security Institution. He slashed Mark Moore, another inmate, in the neck with a piece of glass that had been a part of a light fixture in movant’s cell.

Movant’s first trial for that offense resulted in a…