Howerton v. State

MAUS, Judge.

The defendant was charged with first degree assault, § 565.050 and armed criminal action, § 571.015. A jury found him guilty of first degree assault and assessed his punishment at ten years. The jury found the defendant guilty of armed criminal action but could not agree upon the punishment. The trial court fixed his punishment upon that conviction at imprisonment for 35 years. It adjudged the sentences would run concurrently. The defendant’s direct appeal was denied. State v. Howerton, 691 S.W.2d 516 (Mo.App.1985).

In this proceeding the defendant seeks relief by his motion filed…