Tate v. State

CRIST, Judge.

Movant appeals the denial of his Rule 27.26 motion after an evidentiary hearing. We affirm.

Movant was convicted by a jury of forcible rape, forcible sodomy, burglary in the first degree, and two counts of robbery in the first degree. He was sentenced as a prior and dangerous offender to terms of imprisonment totaling ninety-five years. That judgment was reversed and remanded with directions. State v. Tate, 657 S.W.2d 727 (Mo.App.1983). Movant was charged by information as a prior and dangerous offender and the judge assessed punishment. However, the only evidence in the…