Holmes v. State

HAROLD L. LOWENSTEIN, Judge.

Douglas Holmes appeals from the denial, without an evidentiary hearing, of his post-conviction motion under Rule 29.15. The underlying facts are as follows: The State charged Holmes with three counts of robbery in the first degree, § 569.020, 1 and three counts of armed criminal action, § 571.015. Holmes waived his right to a jury trial. After the State presented its case, Holmes’ attorney requested, and was granted, a brief recess to consult with his client. During the recess, Holmes pocketed the money he was alleged to have stolen from his victims, which had been…