Burnside v. State

TURNAGE, Presiding Judge.

Thomas Burnside appeals the denial of his second 27.26 motion without an eviden-tiary hearing. The contention on this appeal is that the court erred when it failed to appoint counsel upon the filing of the second 27.26 motion because the motion was filed by an indigent pro se. Affirmed.

Burnside filed a 27.26 motion seeking to overturn his conviction for kidnapping and rape and resultant sentences of 50 years for rape and 10 years for kidnapping, the sentences to run consecutively. That motion was overruled without an evidentiary hearing and on appeal the judgment was…