Johnson v. State

McMillian, Judge.

Appellant Charles Dennis Johnson appeals from a judgment of the Circuit Court of St. Louis County, Missouri, denying, without an evidentiary hearing, his second Rule 27.26, Y.A.M.R., motion. For the reasons discussed below, we reverse and remand the motion for further consideration.

On September 17, 1973, appellant pled guilty to multiple counts of robbery in the first degree by means of a dangerous and deadly weapon and was sentenced to ten years’ imprisonment. On December 1,1975, appellant filed his first Rule 27.26 motion to vacate and reduce his sentence. As grounds for…