State v. Rice

BERREY, Judge.

Movant pled guilty to second degree burglary, § 569.170 RSMo, 1986, and stealing over $150.00, § 570.030 RSMo, 1986. He was sentenced to five years on each count, to run concurrently. From this plea and sentence, appellant files his 24.035 motion for post-conviction relief.

Movant was incarcerated in the Jackson County jail awaiting trial or plea and was visited by Ms wife. While they were visiting, the phone in the visitor’s room was broken. Jail guards summoned Rice outside and when he resisted they forcibly removed him from the visitor’s room. In the process, he was rendered…