State v. Asberry

A jury found defendant guilty of burglary in the first degree and fixed punishment at five years’ imprisonment. The transcript on appeal, approved by the parties and thereby represented as correctly including all of the record (Rule 81.12(c), V.A.M.R.), contains “the following entry . . . : Motion for new trial overruled. . Allocution was granted and Defendant was sentenced and punishment was fixed in accordance with jury verdict [and] same is fixed at (5) five years in the department of corrections. . . . Allocution, Judgment and Sentence. . .

Rule 27.11, V.A.M.R., requires that “Whenever a…