Davis v. State

GAITAN, Presiding Judge.

Movant, Richard D. Davis, appeals the denial of his Rule 27.26 motion following an evidentiary hearing. On September 24, 1987, movant entered a plea of guilty to one count of forcible rape, in violation of Mo.Rev.Stat. § 566.030, and one count of sodomy, in violation of Mo.Rev.Stat. § 566.060. Pursuant to a plea agreement, the prosecution agreed not to present evidence as to movant’s status as a class X offender, Mo.Rev.Stat. § 558.019.4(3), and recommended a sentence of twenty-five years for each count, to run concurrently. The trial court accepted the prosecution’s…