State Missouri v. Clarence C. Mccann

A jury convicted Appellant, Clarence McCann (hereinafter McCann), of two counts of attempted robbery in the first degree, § 564.011 RSMo. 1986, and two counts of armed criminal action, § 571.015 RSMo. 1986, on June 22, 1988. The trial court ultimately sentenced McCann, as a prior and persistent offender, to concurrent twenty-five year terms on the attempted robbery counts, and to concurrent ten-year terms on the armed criminal action counts to run consecutively to the robbery sentences. 1 On October 15, 1988, McCann filed a motion for post-conviction relief pursuant to Rule 29.15. He filed an amended motion on December 16, 1988. Following an evidentiary hearing, the motion Judge denied McCann's petition for post-conviction relief. McCann now appeals both his original conviction and the denial of his 29.15 motion.