Perry v. State

GUNN, Judge.

Movant entered a plea of guilty to the charge of selling a gun without a permit and was sentenced to a term of four years in prison. This court affirmed the trial court’s dismissal of movant’s first motion for post conviction relief in Perry v. State, 565 S.W.2d 464 (Mo.App.1978), finding specifically that movant’s guilty plea was completely voluntary. On June 2,1978, movant filed a second Rule 27.26 motion to vacate which alleged that he was deprived of effective assistance of counsel, because his trial attorney had: (1) failed to cross-examine a material state witness; (2)…