Burnett v. State

CRIST, Judge.

Defendant appeals from denial of his Rule 27.26 motion.

He was convicted by a jury of first degree burglary by forcibly burglarizing an occupied dwelling on October 29,1975. His conviction was affirmed on appeal in State v. Burnette, 549 S.W.2d 352 (Mo.App.1977).

On September 14, 1977 defendant filed a Rule 27.26 motion alleging as grounds therefor (1) newly discovered evidence in the form of witnesses which he was unable to locate and was forced to trial by the trial court without them, and (2) ineffective assistance of counsel in that counsel was forced to trial by the trial…