Shopbell v. State

Darrell Shopbell appeals from denial after evidentiary hearing of his Rule 27.26 motion to vacate. He was convicted by a jury of murder in the second degree, § 565.004, RSMo 1978. The court set his punishment at 50 years of confinement. He waived his right to move for a new trial or to appeal his conviction. On appeal from denial of his motion to vacate, he argues that he was denied effective assistance of counsel because his trial counsel incorrectly advised him concerning his right to appeal, and that he did not knowingly waive the right to move for a new trial and to appeal.

We find the…