Pointer v. State

CRIST, Judge.

Movant in this Rule 27.26 proceeding was convicted on his guilty pleas in May, 1978, of (1) assault with intent to maim with malice aforethought, § 559.180, RSMo.1969, (2) robbery in the first degree, § 560.120, RSMo.1969, and (3) in conjunction with the robbery, armed criminal action, § 559.225, RSMo.Supp.1976 (now § 571.015, RSMo. 1978). He was sentenced to serve concurrent terms of ten, twenty-five, and five years, respectively, with the Department of Corrections.

After an evidentiary hearing, the trial court ordered the armed criminal action sentence vacated as required by…