Benson v. State

GREENE, Judge.

On January 12, 1979, movant Donald Wardner Benson, Jr. entered a plea of guilty in the Circuit Court of Bollinger County to the charge of jail escape, § 557.-380, RSMo 1969. The trial judge sentenced him to 2 years’ imprisonment and ran the sentence consecutively to a 4 year sentence that Benson had received in Cape Girardeau County on a charge of kidnapping.

After he was imprisoned, movant filed a 27.26 motion requesting that his sentence on the escape charge run concurrently with his kidnapping sentence, alleging “(a) No harm was applied; No act of violence was committed. I…