Legal Opinion

Rutledge v. State

Missouri Court of Appeals

Decided October 18, 1983No. 46350Published

1Opinion of the Court

SNYDER, Judge.

This is an appeal from a judgment denying movant-appellant’s Rule 27.26 motion to vacate a conviction and sentence. The record is somewhat ambiguous as to which of two convictions appellant seeks to vacate. Regardless of which conviction is the subject of the Rule 27.26 motion, the judgment is affirmed.

While confined in the St. Louis County Jail on a unrelated burglary charge, movant removed a 4' X 8' piece of pressboard from a wall of the jail’s gym and knocked a hole in the drywall which constituted the wall of an adjoining storeroom. Movant then broke a window in the…

2Cases cited3 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Newman v. StateMissouri Court of Appeals · 1974

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