Burton v. State

CRIST, Judge.

The State appeals the setting aside and reinstatement, in a successive Rule 27.26 motion, of the findings of fact, conclusions of law and order generated in movant’s first Rule 27.26 proceeding. The action appealed from makes possible an appeal from the denial of the prior Rule 27.26 motion. We affirm.

One criminal and three civil suits are involved, thus we believe a chronological recitation of the facts would be helpful.

1981: movant’s convictions for attempted first degree robbery and assault with intent to kill with malice aforethought affirmed on direct appeal, State v.…