Kelly v. State

GARY M. GAERTNER, Presiding Judge.

Respondent, John Kelly Jr., was convicted by a jury of rape on February 24, 1984, and the jury assessed fifteen years imprisonment as punishment. Respondent was so sentenced on April 4, 1984, after a pre-sentence investigation had been conducted. His conviction was affirmed on direct appeal. State v. Kelly, 689 S.W.2d 639 (Mo.App., E.D.1985). On May 3, 1988, respondent filed his pro se motion under rule 29.15 which counsel amended on July 15, 1988. The motion court sustained respondent’s motion on March 29, 1989, after an evidentiary hearing had been held. We…