Franklin v. State

PUDLOWSKI, Presiding Judge.

A two count indictment charged movant with capital murder and robbery first degree. A jury found movant guilty of murder first degree and robbery first degree by means of a dangerous and deadly weapon. §§ 559.007, 560.120 and 560.135 RSMo Supp.1975. He was sentenced to life imprisonment for the murder and twenty-five years on the robbery first degree to run concurrently. This court affirmed his conviction on direct appeal. State v. Franklin, 591 S.W.2d 12 (Mo.App.1979). We judicially notice the transcript of that appeal. Evans v. State of Missouri, 639 S.W.2d 648,…