Brown v. State

REINHARD, Judge.

Movant appeals after the denial of his Rule 27.26motion 1 without an evidentiary hearing. We affirm in part and reverse and remand for an evidentiary hearing.

Movant was found guilty by a jury in two separate trials. In the first trial (Trial 1), which began on March 17, 1986, movant was convicted of unlawful use of a weapon, § 571.030, RSMo Supp. 1984, and escape from confinement, § 575.210, RSMo 1978. The court in Trial 1 sentenced movant as a prior and persistent offender to two consecutive terms of ten years’ imprisonment. In the second trial (Trial 2), movant was convicted…