State v. Simmons

BERREY, Judge.

Joseph Simmons appeals his jury conviction of first degree robbery, § 569.020, RSMo, attempted first degree robbery, § 564.011, RSMo and two counts of armed criminal action, § 571.015, RSMo. 1

Appellant was sentenced by the court as a prior and persistent offender pursuant to §§ 557.036.4, 558.016, and 558.019, RSMo 1990, to fifteen years imprisonment on each count, to run concurrently. Appellant also appeals the dismissal of his Rule 29.15 motion without an evidentiary hearing. Pursuant to Rule 29.15C), these appeals are consolidated.

Andrea Garcia and John Bishop drove Garcia’s…