Vernor v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion wherein he sought to vacate the court’s sentence of eight years for the offense of assault with intent to kill with malice aforethought. Before entering its findings of fact and conclusions of law, the trial court held an evidentiary hearing wherein only the movant presented evidence.

In his sole point on áppeal, movant contends the trial court erred in denying mov-ant’s rule 27.26 motion because movant’s “sentence was imposed illegally as it was lengthened as a result of defendant exercising his constitutional right to a…