Barton v. State

TITUS, Judge.

As a habitual criminal (§ 556.280),1 mov-ant was jury-convicted of first degree robbery (§ 560.120 and 560.135) and kidnapping (§ 559.240) and court-sentenced to consecutive terms of 15 years for robbery and 3 years for kidnapping. The conviction was affirmed upon appeal. State v. Barton, 593 S.W.2d 262 (Mo.App.1980). We now have for consideration movant’s appeal from the court nisi’s order overruling his Rule 27.26 motion without evidentiary hearing.2

Under paragraphs 8 and 9 of the motion, movant complains, inter alia, that the criminal trial court erred in permitting a police…