Daniels v. State

HOLSTEIN, Judge.

Movant was convicted of second degree murder and sentenced to fifty years imprisonment. The conviction was affirmed on appeal. State v. Daniels, 649 S.W.2d 568 (Mo.App.1983). Movant now appeals from a denial of his motion under Rule 27.26 1 for post-conviction relief. This appeal is governed by Rule 27.26 because sentence was pronounced and this motion was filed prior to January 1, 1988. Rule 29.15(m).

A few days prior to movant’s trial in the underlying case, defense counsel sought a continuance because he was ill, fatigued from the trial of other cases, and claimed to have…