Bainter v. State

CARL R. GAERTNER, Judge.

Movant, David Bainter, appeals the denial of his Rule 27.26 motion after an eviden-tiary hearing. Movant was convicted of two counts of second degree murder and one count of assault with intent to do great bodily harm. We affirm.

Some procedural history is necessary. The offenses in question occurred on October 15,1976, and defendant was sentenced on December 16, 1977. The motion for new trial was filed six days later, thus plaintiff's direct appeal was reviewed under a plain error standard. Rule 29.12(b). On appeal, this court affirmed the trial court’s judgment. State…