Neal v. State

McMILLIAN, Judge.

Appellant Samuel Lee Neal appeals from a judgment of the circuit court of the City of St. Louis denying, after an evidentiary hearing, his second Rule 27.26, V.A.M.R. motion to set aside his conviction and sentence. For reversal appellant argues that the trial court erred in dismissing appellant’s second Rule 27.26 motion for lack of jurisdiction because (1) appellant was denied effective assistance of counsel in his first Rule 27.26 motion, which was denied after an evidentiary hearing, and (2) appellant’s counsel failed to appeal the denial of the first Rule 27.26 motion.…