ROCCO v. STATE

No. 43477.

621 S.W.2d 718 (1981)

Joseph Frank ROCCO, Plaintiff-Respondent, v. STATE of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

September 1, 1981.


Attorney(s) appearing for the Case

George Westfall, Pros. Atty., Robt. G. O'Blennis, Clayton, John Ashcroft, Atty. Gen., Henry T. Herschel, Asst. Atty. Gen., Jefferson City, for defendant-appellant.

William Shaw, Public Defender, Timothy Gardner, Asst. Public Defender, Clayton, for plaintiff-respondent.


GUNN, Judge.

The state appeals from a trial court order granting defendant's motion under Rule 27.26 to vacate defendant's conviction and sentence for armed criminal action. We affirm.

Defendant entered guilty pleas to one count of first degree robbery (§ 560.120, RSMo 1969), and one count of armed criminal action (§ 559.225, RSMo Supp. 1976), both counts arising out of the same occurrence. He was sentenced to seven year's imprisonment on the robbery...

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