Kyseth v. State

Missouri Court of Appeals

Kyseth v. State

563 S.W.2d 171, 1978 Mo. App. LEXIS 2805

CourtMissouri Court of Appeals

DecidedFebruary 28, 1978

DocketNo. 38635

StatusPublished

Cited by1 cases

This text of 563 S.W.2d 171 (Kyseth v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kyseth v. State, 563 S.W.2d 171, 1978 Mo. App. LEXIS 2805 (Mo. Ct. App. 1978).

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Opinion

CLEMENS, Presiding Judge.

Movant (hereafter defendant) has appealed the denial of his Rule 27.26 motion. He had pleaded guilty to possession of a Schedule II controlled substance and on January 9, 1976 was sentenced to three years’ imprisonment. Defendant then filed his 27.26 motion which was denied. This appeal followed.

We note that a stipulation filed here by defendant’s and the state’s counsel declares that on September 2, 1977 defendant’s sentence was commuted by the Governor of Missouri and defendant has now been discharged from confinement.

Relief under Rule 27.26 is limited to prisoners in custody. Since defendant has been released from the sentence he seeks to vacate, he is not entitled to relief under Rule 27.26. Cook v. State, 543 S.W.2d 309[1] (Mo.App.1976).

SMITH and McMILLIAN, JJ., concur.

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