Merritt v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. We affirm.

Movant was convicted of second degree murder, a violation of § 559.020, RSMo. 1969, and was sentenced under the Second Offender Act to a term of twenty five years with the Department of Corrections. On appeal, this court affirmed the conviction. State v. Merritt, 540 S.W.2d 183 (Mo.App.1976).

Movant filed a pro se 27.26 motion. Counsel was appointed and a supplemental motion was filed in which movant alleged nine grounds for vacating his sentence and conviction. The trial judge…