Johnson v. State

WASSERSTROM, Judge.

This appeal is from a denial of appellant’s motion to vacate sentence under Rule 27.26, V.A.M.R., after an evidentiary hearing.

*501Appellant was convicted by a jury of the crime of stealing merchandise valued in excess of fifty dollars. Punishment was assessed under the Second Offender Act at ten years imprisonment. A direct appeal followed, and the judgment was affirmed in State v. Johnson, 490 S.W.2d 20 (Mo.1973). The present appeal lodges the sole contention that appellant was denied the effective assistance of counsel.

The constitutional informity is said to lie in counsel’s…