Baker v. State

STEWART, Judge.

In this proceeding under Rule 27.26 mov-ant appeals the trial court’s denial of an evidentiary hearing and denial of his motion. We affirm.

In the underlying action movant was convicted by a jury upon a charge of capital murder. The facts briefly are that movant approached an undercover detective who was seated in a car with a hand held police radio on the seat. Movant robbed the officer and shot and killed the officer with his own gun.

In the second phase of the case the jury found as an aggravating circumstance that the murder of the victim was committed against a police…