Fisk v. State

KELLY, Judge.

On March 20, 1972, appellant (hereinafter referred to as the defendant) entered a plea of guilty to a charge of murder in the second degree. Sentencing was deferred until May 5, 1972, for a presentence investigation and report. On May 12, 1972, he was sentenced to imprisonment for a period of ten years in the custody of the Missouri Department of Corrections. Thereafter' on April 4, 1973, defendant filed a motion to vacate or set aside the conviction and sentence pursuant to Rule 27.26, V.A. M.R. 1 On April 24, 1973, the judge of the trial court, without affording the defendant…