Campbell v. State

CLEMENS, Senior Judge.

Movant Michael B. Campbell, hereafter “defendant”, appeals the summary denial of his Rule 27.26 motion. He had been jury-convicted of burglary and as an habitual criminal was sentenced to ten years in prison. That judgment was affirmed. See State v. Campbell, 603 S.W.2d 86 (Mo.App.1980).

Here defendant contends he was entitled to an evidentiary hearing on his motion. He charged ineffective counsel on two grounds. First, failure to seek an instruction on circumstantial evidence. Second, failure to object to a variance between the information and the verdict-direction…