Legal Opinion

Plant v. State

Missouri Court of Appeals

Decided September 2, 1980No. 42124PublishedCited by 9 opinions

1Opinion of the Court

CRIST, Judge.

Movant appeals from the denial of his second Rule 27.26 motion. We affirm.

Movant was convicted by a St. Louis County jury of attempted burglary. At the time of sentencing, movant was already serving time on sentences of ten years and five years imposed consecutively in St. Charles.

Movant alleges that there is a material difference between the sentence orally pronounced by the trial court and the sentence entered upon the record. Movant cites U. S. v. Raftis, 427 F.2d 1145, 1146 (8th Cir. 1970) for the proposition that the oral pronouncement of the court must govern over the…

2Cases cited2 opinions

  1. United States v. Doyle E. Raftis, Vernon F. Hawkins, Thomas M. Bugg, Curt Martin, Melville W. Ahlmeyer, Hildreth M. Kniss, Raymond P. GuzyCourt of Appeals for the Eighth Circuit · 1970
  2. Crump v. StateSupreme Court of Missouri · 1971

3Cited by9 opinions

  1. Johnson v. StateSupreme Court of Missouri · 1997
  2. State v. CooperMissouri Court of Appeals · 1986
  3. State v. WilliamsMissouri Court of Appeals · 1990
  4. State v. PattersonMissouri Court of Appeals · 1998
  5. State v. YardleyMissouri Court of Appeals · 1982

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