Babcock v. State

WASSERSTROM, Presiding Judge.

Defendant appeals from a denial of his second motion under Rule 27.26, V.A.M.R., to vacate a sentence of imprisonment. His sole complaint in the trial court on his current motion was that the sentence was imposed pursuant to misinformation and a misunderstanding of facts by the sentencing judge. The trial court sustained the State’s motion to dismiss on the ground that this issue had already been raised and passed upon in the first post-conviction proceeding. Defendant denies that his current complaint was actually presented in his first 27.26 proceeding, and he…