Kelly v. State

NUGENT, Judge.

Zanders J. Kelly, Jr.1 (hereinafter sometimes referred to as defendant) appeals the order of the trial court denying relief after an evidentiary hearing on his Rule 27.26 motion. He contends that the sentence imposed was fatally defective in that the court’s order failed to recite a finding of a previous felony conviction and to recite a finding that under the evidence the Second Offender Act was applicable. He also asserts that he was denied his right to due process of law and to effective assistance of counsel in that a stipulation to the facts supporting the Second Offender…