Plant v. State

CLEMENS, Judge.

Movant Robert Plant has appealed denial of his Rule 27.26 motion. In December 1969 a jury had found him guilty of burglary and stealing; as a second offender the trial court had sentenced him to consecutive terms of ten and five years. After the trial court denied movant’s motion for new trial, his trial counsel filed a motion for new trial and later a notice of appeal.

Evidence at the Rule 27.26 hearing: While awaiting arraignment on another felony charge on July 20,1970 movant escaped custody and fled to Tennessee. Counsel testified that he had not agreed to handle movant’s…