Hayes v. State

CROW, Presiding Judge.

Timothy Hayes (“movant”) appeals from a judgment denying his motion under Rule 27.261 to vacate his conviction, per jury trial, of murder in the second degree, § 565.004, RSMo 1978,2 and 10-year prison sentence. In denying movant’s motion, the circuit court (henceforth referred to as “the motion court”) conducted no evidentiary hearing but did enter findings of fact and conclusions of law. Movant briefs one assignment of error, consideration of which requires a procedural history.

The verdict was returned July 29, 1982. That same date the trial court fixed August 23,…