Bufalo v. State

CLEMENS, Senior Judge.

This appeal is from a judgment summarily denying movant’s second Rule 27.26 motion.

In 1977 a jury found defendant-movant Patrick Búfalo guilty of a narcotic offense and on appeal the judgment was affirmed. State v. Bufalo, 562 S.W.2d 114.

Thereafter, on October 12, 1978 movant filed his first Rule 27.26 motion, requesting appointment of counsel1 and an evidentiary hearing. The trial court filed an extended memorandum and on October 17,1978 summarily denied defendant’s motion. Defendant did not appeal.

Next, on January 8, 1980 defendant filed his second Rule 27.26 motion…