Turnbough v. State

RENDLEN, Judge.

This appeal is from the dismissal of a second motion to vacate sentence under Rule 27.26, 1 alleging as its principal ground, denial of due process in appellant’s criminal trial by the erroneous admission of a prior invalid conviction which improperly resulted in the prosecution and sentencing of appellant under the second offender statute. Appellant contends this issue had not been adequately raised nor ruled in his 1973 Rule 27.26 hearing because of motion counsel’s ineffective assistance in that proceeding. The case was transferred prior to opinion in the Court of Appeals to…