State v. Gardner

Defendant Kyle Gardner appeals his conviction, after a bench trial, of burglary in the first degree, in violation of Section 569.160 RSMo 1994, and assault in the first degree (class B), in violation of Section 565.050 RSMo 1994, on which he was sentenced as a prior and persistent offender to ten years and fifteen years to be served concurrently. Gardner also appeals from a judgment denying on the merits, after an evidentiary hearing, his Rule 29.15 motion.

As to the direct appeal, no jurisprudential purpose would be served by a written opinion reciting the detailed facts and restating the…