Tate v. State

DOWD, Presiding Judge.

Movant (hereinafter defendant), appeals from a denial, without an evidentiary hearing, of his Rule 27.26 motion (since repealed) to vacate a conviction for first degree murder. We affirm.

Defendant was convicted, after a jury trial, of murder in the first degree and robbery in the first degree by means of a dangerous and deadly weapon. He was sentenced to concurrent terms of imprisonment for life and ten years, respectively. His convictions were affirmed on direct appeal in State v. Tate, 543 S.W.2d 514 (Mo.App.1976). In defendant’s only prior 27.26 motion, the trial…