DeLuca v. State

WELBORN, Commissioner.

Appeal from denial of relief in proceeding under Supreme Court Rule 27.26, V.A. M.R., to set aside conviction and sentence upon jury trial of 18 years’ imprisonment for robbery in the first degree. The judgment of conviction was affirmed on a prior direct appeal to this Court. State v. DeLuca, 448 S.W.2d 869.

The points raised by appellant in this proceeding relate to the sufficiency of the information to invoke the Second Offender Act, under which appellant was sentenced, and to charge the offense of robbery in the first degree.

The information reads as follows:

“Thomas I.…