Smith v. State

DONNELLY, Judge.

Appellant, Ulysses Curtis Smith, was convicted of first-degree robbery in the Circuit Court of Jackson County, Missouri, and his punishment was assessed at imprisonment for a term of eight years. The judgment of conviction was affirmed on direct appeal. State v. Smith, Mo.Sup., 454 S.W.2d 539.

On July 29, 1970, appellant filed a motion to vacate under S.Ct. Rule 27.26, V.A.M.R. The trial court held an evidentiary hearing, with appellant and counsel present, thereafter entered findings of fact and conclusions of law, and denied the motion to vacate. An appeal followed.

Appellant,…