Burton v. State

KAROHL, Presiding Judge.

Movant was convicted by jury of attempted robbery in the first degree, Section 560.120 RSMo 1969, and assault with intent to kill with malice aforethought, Section 559.180 RSMo 1969. He was sentenced to consecutive terms of twenty years and thirty years, respectively. The convictions were affirmed on appeal. State v. Burton, 618 S.W.2d 199 (Mo.App.1981). Thereafter, movant sought to have his sentence vacated pursuant to Rule 27.-26. On June 22, 1982, following an eviden-tiary hearing, the trial court denied relief. This denial was not timely appealed. The present…