Deck v. State

HOGAN, Judge.'

Petitioner Robert Wayne Deck (defendant) pled guilty to the offense of second-degree murder as defined and denounced by former § 565.004, RSMo 1978, and his punishment was assessed at imprisonment for 25 years. Thereafter, defendant filed a motion to withdraw his plea in a postconviction proceeding under Rule 27.26.1 A hear*875ing has been held, the trial court has denied relief and the defendant now appeals.

The defendant shot and killed one Samuel Daniel “Bud” Updegraf in Dix Food Mart in Lutesville, Missouri, on October 31, 1980. Five shots were fired. Four struck the victim, who…