Cook v. State

DOWD, Judge.

The issue in this case concerns whether the trial court erred in denying appellant’s 27.26 motion to vacate judgment and sentence without an evidentiary hearing. We have concluded there was no error and accordingly affirm the judgment below.

Appellant Garland Cook was charged with murder in the second degree but was convicted by a jury of manslaughter and sentenced to 10 years imprisonment under the Second Offender Act. § 556.280, RSMo 1969. Appellant is presently serving this sentence. We affirmed this conviction on appeal. State v. Cook, 512 S.W.2d 907 (Mo.App.1974).

On April 18,…