Ardrey v. State

SNYDER, Judge.

Movant appeals from a judgment denying his Rule 27.26 motion following an eviden-tiary hearing. He had been convicted in a court-tried case of tampering with a motor vehicle, a felony, in violation of § 560.175.1, RSMo 1969 and sentenced to five years’ imprisonment as a second offender.

Movant raises three points on appeal. He claims the trial court erred in not granting post-conviction relief because: (1) the state in the original trial failed to charge and prove movant possessed the intent necessary for the felony of tampering with a motor vehicle; (2) movant’s five year…