Britton v. State

FENNER, Judge.

Byron Britton appeals from the order of the trial court denying his motion pursuant to Rule 27.26 (now repealed) following an evidentiary hearing. Following a jury trial, Britton was convicted of forcible rape, forcible sodomy, first degree burglary and two counts of first degree robbery for which he received a total of 95 years’ imprisonment. Britton’s convictions were upheld on direct appeal in State v. Britton, 647 S.W.2d 155 (Mo.App.1982).

Britton’s 27.26 motion was filed May 16, 1988, and entitled “Second Amended Motion to Vacate Sentence”. In this motion Britton alleged as…