Houston v. State

Appellant appeals from the denial, without an evidentiary hearing, of appellant’s second Rule 27.26 motion for postconviction relief. The judgment is reversed and remanded with directions.

*689Appellant pled guilty to robbery in the first degree in the Jackson County Circuit Court on July 29, 1970, and was sentenced to a prison term of thirty-five years. Appellant filed a pro se Rule 27.26 motion for post-conviction relief on November 19, 1970. Appointed counsel for appellant filed an amended Rule 27.26 motion on January 28, 1971. An evidentiary hearing held on June 10, 1971, was continued for…