Berry v. State

CARL R. GAERTNER, Judge.

Appellant was jury-convicted of two counts of forcible rape, one count of attempted robbery in the first degree and one count of kidnapping. His convictions were affirmed by this court on direct appeal in State v. Berry, 679 S.W.2d 868 (Mo.App.1984). On November 21, 1985, appellant filed a motion, pro se, to vacate his sentence under Rule 27.26. A special assistant public defender was appointed to represent him on December 3, 1985 and a hearing on the motion was set for January 30, 1986. On January 14, 1986, the special assistant public defender filed a motion to…