Villaneuva v. State

CRIST, Judge.

Movant appeals the denial, without an evidentiary hearing, of his Rule 27.26 motion. The sentence sought to be corrected was for two consecutive ten-year terms for felonious assault and sodomy. We affirm.

Movant was convicted in October of 1978 and this court affirmed that judgment. State v. Villaneuva, 598 S.W.2d 161 (Mo.App.1980). Movant alleged that the sentencing judge’s intentions had been thwarted by actions of the Missouri Department of Correction. Movant was sentenced when its administrative policy allowed for commutation of a sentence for good behavior after 7/12 of the…