Sterling v. State

Appeal from denial of relief, without a hearing, in proceeding under Rule 27.26.

In June, 1974, Johnnie Sterling was charged by a three-count indictment in the Jackson County Circuit Court with rape, robbery in the first degree and assault with intent to do great bodily harm with malice aforethought. Upon jury-waived trial, the state elected to proceed on the assault charge. The defendant was found guilty of that offense and he was sentenced to 30 years’ imprisonment. The judgment was affirmed on appeal. State v. Sterling, 536 S.W.2d 843 (Mo.App.1976).

On November 14, 1977, Sterling filed a pro…