Novak v. State

HIGGINS, Commissioner.

Appeal (taken prior to January 1, 1972) from denial, after evidentiary hearing, of motion under Rule 27.26, V.A.M.R., to vacate and set aside judgment of conviction of burglary, second degree, and stealing.

On April 20, 1967, Andrew Novak, Jr., was convicted by a jury of burglary, second degree, and stealing. Pursuant to that verdict and upon finding nine prior convictions, as charged, the court assessed his punishment at 10 years’ imprisonment for burglary and five years’ imprisonment for stealing, the terms to run concurrently. Sentence and judgment were pronounced…