Phillips v. State

DATZ, Judge.

Movant, Richard T. Phillips, was convicted of armed robbery and sentenced to 35 years in the Missouri State Penitentiary. His conviction was upheld on direct appeal in State v. Phillips, 596 S.W.2d 752 (Mo.App.1980). In the trial court, movant sought to vacate the sentence pursuant to Rule 27.26 basically on two grounds: (1) he had ineffective assistance of counsel at his original trial and (2) he had, since trial, discovered exonerating evidence. The trial court dismissed that part of the Rule 27.26 motion relating to newly discovered evidence without an evidentiary hearing, and,…