Rost v. State

CROW, Judge.

This is an appeal from the denial of post-conviction relief without an evidentiary hearing in a proceeding under Rule 24.035.1 Appellant’s sole point relied on avers the motion court clearly erred in denying relief in that:

“... Appellant was subjected to multiple punishment for the same, offense in violation of his right to be free from double jeopardy as established by the Fifth and Fourteenth Amendments to the United States Constitution in that he was convicted of assault in the second degree and the lesser included offense of driving while intoxicated.”

While that appears to be…