Wright v. State

HOUSER, Commissioner.

This is an appeal from a second successive order overruling a motion to vacate and set aside a judgment of August 30, 1968, by which Donald Ray Wright was convicted of felonious assault on a plea of guilty and sentenced to 25 years’ imprisonment.

In his first 27.26 V.A.M.R., motion, filed on August 9, 1969, Wright sought to vacate the sentence and judgment on several grounds. One ground assigned was that the 25-year sentence was excessive, in that he was charged with and pleaded guilty to felonious assault without malice aforethought, under § 559.190 RSMo 1969, V.A. M.S.…