Fynn v. State

PUDLOWSKI, Chief Judge.

Movant, James Fynn, challenges the denial of his motion to vacate, set aside, and correct sentence and judgment under Supreme Court Rule 27.26, following a jury trial and conviction for stealing a motor vehicle, under Section 570.030, RSMo 1978, and sentenced to ten years imprisonment. This court affirmed the conviction on direct appeal in State v. Fynn, 683 S.W.2d 664 (Mo.App.1985).

In December 1986, movant filed an original pro se Rule 27.26 motion. Movant alleged that he was denied effective assistance of counsel because his trial counsel failed to depose a state’s…