Abel v. State

GARY M. GAERTNER, Presiding Judge.

Defendant appeals from denial of Rule 27.26 post-conviction motion in the Circuit Court of Cape Girardeau County. The judgment and sentence sought to be vacated was for second degree murder in violation of RSMo § 656.004 (1978). Defendant was convicted and sentenced to life imprisonment. The conviction was not appealed.

Our review is limited to a determination of whether the findings, conclusions, and judgment of the trial court are clearly erroneous. Rule 27.26(j). Futrell v. State, 667 S.W.2d 404, 405 (Mo. banc 1984). Defendant first alleges the hearing…