Jolliff v. State

Missouri Court of Appeals

Jolliff v. State

665 S.W.2d 66

Missouri Court of Appeals·Decided January 17, 1984·No. No. 47187·Published·Cited by 2 cases

Opinion

CLEMENS, Senior Judge.

Appeal from summary denial of movant-defendant’s Rule 27.26 motion. He challenges the 20-year persistent-offender sentence imposed on his plea of not guilty to second-degree robbery. See 638 S.W.2d 802 (Mo.App.1982).

Defendant’s only ground here is that his sentence exceeded the ten years received by his accomplice on a guilty plea. That is irrelevant.

We presume the validity of legislatively prescribed punishment. State v. Higgins, 592 S.W.2d 151[2, 3] (Mo. banc 1979) and Parton v. State, 545 S.W.2d 338[14-16] (Mo.App.1976).

Affirmed.

KAROHL, P.J., and REINHARD and CRANDALL, JJ., concur.

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CLEMENS, Senior Judge.

Appeal from summary denial of movant-defendant’s Rule 27.26 motion. He challenges the 20-year persistent-offender sentence imposed on his plea of not guilty to second-degree robbery. See 638 S.W.2d 802 (Mo.App.1982).

Defendant’s only ground here is that his sentence exceeded the ten years received by his accomplice on a guilty plea. That is irrelevant.

We presume the validity of legislatively prescribed punishment. State v. Higgins, 592 S.W.2d 151[2, 3] (Mo. banc 1979) and Parton v. State, 545 S.W.2d 338[14-16] (Mo.App.1976).

Affirmed.

KAROHL, P.J., and REINHARD and CRANDALL, JJ., concur.

Jolliff v. State, 665 S.W.2d 66 (Mo. Ct. App. 1984).

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Opinion

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