Gibson v. State

BILLINGS, Chief Judge.

Appellant Harrison Gibson and Frank W. Maupin were convicted in Greene County of attempted second degree burglary. They appealed their convictions and their appeal is pending in this Court in Case No. 9992.1

Prior to the filing of the trial transcript in No. 9992 the appellant filed a motion to vacate the judgment and sentence under Rule 27.26, V.A.M.R. Following an eviden-tiary hearing the trial court denied appellant relief and this appeal followed. The respondent has filed a motion to dismiss this appeal, citing Rule 27.26(b)(2), which is as follows:

“A motion to…