State v. Sales

Charged as a second offender (§ 556.280),1 defendant was jury-convicted of second degree burglary (§ 560.070) and court-sentenced to imprisonment for a term of seven years. § 560.095(2). In the first appeal in this cause [State v. Sales, 588 S.W.2d 511 (Mo.App.1979)], the judgment was affirmed. The opinion observed that none of the defendant’s points relied on had been preserved for appellate review as his motion for a new trial had not been filed within the time required by Rule 27.20(a). Thereafter, and pursuant to defendant’s Rule 27.26 motion, the judgment of conviction was set aside to…