Gerberding v. State

FINCH, Presiding Judge.

This is an appeal from the judgment of the trial court overruling, without an evidentiary hearing, movant’s motion to vacate judgment and sentence under Supreme Court Rule 27.26, V.A.M.R. We reverse and remand for an evidentiary hearing.

Defendant originally was charged with robbery in the first degree with a dangerous and deadly weapon. He was prosecuted under the then applicable Second Offender Act (§§ 556.280 and 556.290, RSMo 1949), being charged in the indictment with three prior felony convictions, two in Illinois and one in Georgia.

The jury verdict in that case…