State v. Weber

GARY M. GAERTNER, Presiding Judge.

Appellant, Loren Weber, appeals from his jury trial conviction of one count of rape pursuant to RSMo § 566.030 (1986); one count of armed criminal action pursuant to RSMo § 571.015 (1986) and one count of first degree burglary pursuant to RSMo § 569.160 (1986). We affirm in part and remand in part for an evidentiary hearing oñ a Rule 29.15 motion.

The uncontradicted evidence in this case establishes that on August 27, 1989, S.K. returned to her apartment at approximately 1:00 a.m. after picking up a few groceries. Shortly after S.K. entered her apartment…