Caffey v. State

HOLMAN, Judge.

Movant (hereinafter referred to as defendant) has appealed from an order of the circuit court, made without an eviden-tiary hearing, overruling his motion to vacate filed pursuant to S.Ct. Rule 27.26, V.A.M.R.

At a trial by jury defendant was convicted of burglary, second degree, and stealing and was sentenced by the court to imprisonment for terms of four and two years, respectively, the sentences to run consecutively. He appealed and this court affirmed. State v. Caffey, 404 S.W.2d 171. Thereafter, defendant filed a motion to vacate which was overruled after an evi-dentiary…