Shive v. State

CROW, Presiding Judge.

Lyndall Clarence Shive (“movant”) appeals from an order denying relief in an action brought by him under former Rule 27.261 to vacate his conviction, per jury trial, of two counts of sale of a controlled substance, for which he was sentenced to consecutive 12-year prison terms. The conviction was affirmed on direct appeal. State v. Shive, 621 S.W.2d 715 (Mo.App.1981).

In denying relief in the 27.26 proceeding the circuit court, henceforth referred to as “the motion court,” conducted an evidentia-ry hearing and thereafter made findings of fact and conclusions of law.

The…