Moody v. State

HOGAN, Judge.

This appeal is taken from the denial of a motion to set aside a conviction and sentence under former Rule 27.26, now superseded. Inasmuch as sentence was pronounced before January 1, 1988, and this proceeding was pending at that time, this appeal is governed by the law applicable to former Rule 27.26. Rule 29.15(m).

A jury found the movant (defendant) guilty of second-degree murder as defined and denounced by § 565.004, RSMo 1978. Defendant’s punishment was fixed at imprisonment for a term of 30 years. On direct appeal this court affirmed the conviction and sentence. State v.…