Garrett v. State

CROW, Chief Judge.

Billy Joe Garrett appeals from a judgment denying his motion per Rule 27.26, Missouri Rules of Criminal Procedure (16th ed. 1985), to vacate his conviction of arson in the second degree, for which he was sentenced as a persistent offender to ten years’ imprisonment.

This is the third time the case has reached this court. It was first here on direct appeal of the conviction. On that occasion, it was remanded to the trial court with directions to correct an error in the judgment and sentence. State v. Garrett, 642 S.W.2d 378 (Mo.App.1982). The trial court, on remand, corrected…