Kelley v. State

KERRY L. MONTGOMERY, Judge.

After a jury trial, Elvis D. Kelley, Jr., (Appellant) was convicted of one count of rape in violation of § 566.030. The trial court subsequently sentenced Appellant as a prior and persistent offender to thirty years’ imprisonment. Appellant timely filed a motion for postconviction relief pursuant to Rule 29.15.1 The motion was denied after an evi-dentiary hearing. This appeal followed.

Appellate review of a denial of post-conviction relief is limited to determining whether the findings, conclusions and judgment of the motion court are clearly erroneous. Rule…