Maxey v. State

KELLY, Judge.

Appellant, the State of Missouri, appeals from the judgment of the Circuit Court of Washington County sustaining Movant-Re-spondent’s motion for post-conviction relief under Rule 27.26. The motion court ordered movant’s 1982 conviction for first degree assault, in violation of § 565.050 RSMo (1978), for which he is currently serving a fifteen (15) year sentence in the custody of the Missouri Department of Corrections, to be set aside. The court further ordered that a new trial on the charge be had.

For purposes of this appeal we take judicial notice of the record in State v.…