State v. Cuno

PUDLOWSKI, Judge.

Defendant was found guilty in a jury trial of one count of second degree burglary in violation of § 569.170 RSMo (1986). Defendant’s motion for a new trial was overruled and he was sentenced as a prior and persistent offender to seven years imprisonment. He subsequently and timely filed a Rule 29.15 motion. The motion court denied defendant’s motion without an evidentiary hearing. Defendant’s appeal of both his conviction and denial of his 29.15 motion without hearing are consolidated herein.

Defendant was found guilty of burglarizing the victim’s home. It had been broken into…