Omar Hutchinson v. State Missouri

The state appeals from an order of the trial court vacating eight sentences of robbery first degree pursuant to movant's Rule 27.26 motion. Movant was convicted by a jury of eight counts of robbery first degree and one count of armed criminal action. He was sentenced by the court to serve 25 years on each count, the sentences to run concurrently. On appeal, we affirmed. State v. Hutchinson, 582 S.W.2d 350 (Mo.App. 1979). Subsequently, movant filed a Rule 27.26 motion asking that the armed criminal action sentence be vacated because his prosecution and convictions for robbery first degree and armed criminal action constitute double jeopardy. He relied upon Sours v. State, 593 S.W.2d 208 (Mo.banc 1980). On the date the court ruled, April 22, 1980, the motion was amended requesting the court ""to vacate and set aside his convictions for Robbery 1st Degree, so as to leave one conviction for one count of armed criminal action . . . ."" The court granted this relief.