Perry v. State

CRIST, Presiding Judge.

Movant appeals the denial of his Rule 27.26 motion after an evidentiary hearing. We affirm.

After a mistrial, movant was convicted by a jury of two counts of assault in the first degree and one count of burglary in the first degree, for which he received sentences totalling thirty-five years’ imprisonment. State v. Perry, 643 S.W.2d 58 (Mo.App.1982). Movant’s first trial ended in a mistrial after the jury foreman told the court they could not reach a verdict. The trial court later discovered the foreman had signed the verdict forms for the assault charges as acquittals,…