Rutherford v. State

JEFFREY W. BATES, Chief Judge.

REVERSED AND REMANDED

At the conclusion of a May 1997 bench trial, Anthony Rutherford (Rutherford) was found guilty of committing murder in the first degree and armed criminal action. The court imposed consecutive sentences of life in prison without the possibility of parole and 50 years imprisonment, respectively, for these offenses. Rutherford’s convictions and sentences were affirmed on direct appeal in State v. Rutherford, 967 S.W.2d 679 (Mo.App.1998). This Court’s mandate was issued on May 5,1998.

On July 13, 1998, Rutherford filed a pro se motion to vacate,…