SAMPSON v. STATE

No. KCD 29849.

570 S.W.2d 337 (1978)

Derryl SAMPSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

July 31, 1978.


Attorney(s) appearing for the Case

Jerry W. Venters, Asst. Public Defender, Jefferson City, for movant-appellant.

John D. Ashcroft, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


DIXON, Judge.

Movant appeals denial of his Rule 27.26 motion after evidentiary hearing. Movant's underlying conviction was for two counts of robbery and concurrent 9-year sentences. The single issue raised by movant is ineffectiveness of counsel because of the failure of trial counsel to file a notice of appeal and perfect an appeal.

There is no question but that no appeal was taken from the movant's convictions. However, the mere failure to take an appeal...

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