State v. Smith

CRAHAN, Judge.

Defendant, Kevin Smith, was convicted following a jury trial of sodomy, § 566.060 RSMo.Supp.1993, for which he was sentenced as a prior offender to 75 years imprisonment, and felonious restraint, § 565.120.1 RSMo. 1994, for which he was sentenced to seven years imprisonment. After the trial, Defendant filed a Rule 29.15 motion for postconvic*314tion relief which was denied without an evi-dentiary hearing. Defendant appeals only the conviction for felonious restraint and the denial of his 29.15 motion. We reverse the conviction of felonious restraint and affirm the denial of his…