Rogers v. State

FLANIGAN, Judge.

Movant Ronald Bruce Rogers appeals from a denial, after evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for murder in the second degree. The slaying took place on July 15, 1976.

The original information charged movant with the offense of capital murder. On the date of the offense the statute defining capital murder was § 559.005 (RSMo Supp.1975).2

*577On November 30, 1976, movant and his attorney William Fleischaker appeared before the Circuit Court of Jasper County. On that date the state filed an amended information which reduced the charge to…