Trimble v. State

PREWITT, Judge.

Appellant appeals from the trial court’s denial of his motion, filed under Rule 27.26, V.A.M.R., to vacate his conviction and sentence. Appellant pled guilty on March 8, 1977 to first degree robbery. Section 560.-135 RSMo 1969. He was sentenced to seven years imprisonment.

Appellant contends that his conviction and sentence should be vacated because he was incorrectly advised before his plea that the range of punishment included the death penalty. His plea was entered after § 560.-135, RSMo 1969 had been amended to delete the possibility of the death penalty. Appellant also…