Umfress v. State, No. 9610

CourtMissouri Court of Appeals
Writing for the CourtTITUS; HOGAN, C.J., STONE and BILLINGS, JJ., and JAMES R. REINHARD
Citation512 S.W.2d 178
PartiesEddie Douglas UMFRESS, Movant-Appellant, v. STATE of Missouri, Respondent.
Decision Date08 July 1974
Docket NumberNo. 9610

Page 178

512 S.W.2d 178
Eddie Douglas UMFRESS, Movant-Appellant,
v.
STATE of Missouri, Respondent.
No. 9610.
Missouri Court of Appeals, Springfield District.
July 8, 1974.

Philip M. Moomaw, Public Defender, Dan L. Birdsong Asst. Public Defender, Rolla, for movant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Spec. Asst.

Page 179

Atty. Gen., St. Louis, Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent.

TITUS, Judge.

On a form substantially in compliance with that appended to Rule 27.26, V.A.M.R., movant on April 27, 1971, filed in the Circuit Court of Pulaski County a motion to vacate a nine-year sentence for first degree robbery which had been imposed January 18, 1963, upon a plea of guilty. The motion was dismissed October 12, 1971, without evidentiary hearing 'for the reason that petitioner admits in said motion . . . that said sentence has expired and has been served in it's (sic) entirety.' Movant appealed to the Supreme Court, which reversed and remanded with directions to regard the matter 'as a Writ of Error Coram Nobis (and) to grant an evidentiary hearing on said motion and make appropriate findings and decision in regard thereto.' This was done. Movant now appeals from the second dismissal of the motion. 1

At the time of the November 13, 1972, evidentiary hearing on the motion, movant was in custody under a life sentence for murder in the second degree committed while he was an inmate in the Missouri State Penitentiary. State v. Umfrees, 433 S.W.2d 284 (Mo.banc 1968). In addition to agreeing that he had completed the sentence which was the subject of the motion, movant acknowledged that he had a prior felony conviction for armed robbery and had served his sentence therefor in the Illinois State Penitentiary before pleading guilty and being sentenced on January 18, 1963, by the Circuit Court of Pulaski County for first degree robbery. 2 For the purpose of our review it suffices to note that neither movant's motion, the evidence adduced most favorable to him at the hearing, nor his brief on appeal hold the slightest soupcon that the sentence here involved visited any adverse consequences upon movant solely attributable to his January 18, 1963, plea of guilty to the charge of first degree robbery. Since movant did not plead or demonstrate that he is presently suffering adversely by reason of the sentence from which he has now served, the trial court was justified on that ground...

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6 practice notes
  • Durham v. State, No. 39228
    • United States
    • Missouri Court of Appeals
    • August 1, 1978
    ...court may have assigned an erroneous reason for its ruling, Tollison v. State, 556 S.W.2d 455, 457(3) (Mo.App.1977); Umfress v. State, 512 S.W.2d 178, 179(2) (Mo.App.1974), particularly when we consider that this court has all the information it needs to decide the issue and there are no di......
  • State v. Csolak, No. 37826
    • United States
    • Court of Appeal of Missouri (US)
    • August 1, 1978
    ...omitted)." State v. Garton, 371 S.W.2d 283, 290 (Mo.1963). Accord: State v. Haynes, 482 S.W.2d 444 (Mo.1972); Umfress v. State, 512 S.W.2d 178 The state seeks to justify this warrantless search on several alternative theories, including appellant's consent to the search. Because valid ......
  • Frost v. Taylor, No. 12847
    • United States
    • Court of Appeal of Missouri (US)
    • March 24, 1983
    ...not in determining what may have been the reasons guiding it to judgment or whether such reasons were right or wrong. Umfress v. State, 512 S.W.2d 178, 179 (Mo.App.1974); State ex rel. Pope v. Lisle, 469 S.W.2d 841, 842 Page 267 The statute to which we refer, § 537.045-1, provides: "Th......
  • Cook v. State, No. 37158
    • United States
    • Missouri Court of Appeals
    • October 19, 1976
    ...from which he has now served (sic), the trial court was justified on that ground alone in denying the relief sought.' Umfress v. State, 512 S.W.2d 178, 179(1) (Mo.App.1974) (emphasis Appellant did not fulfill the other requirement either. In his point relied on he claims his guilty plea in ......
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6 cases
  • Durham v. State, No. 39228
    • United States
    • Missouri Court of Appeals
    • August 1, 1978
    ...court may have assigned an erroneous reason for its ruling, Tollison v. State, 556 S.W.2d 455, 457(3) (Mo.App.1977); Umfress v. State, 512 S.W.2d 178, 179(2) (Mo.App.1974), particularly when we consider that this court has all the information it needs to decide the issue and there are no di......
  • State v. Csolak, No. 37826
    • United States
    • Court of Appeal of Missouri (US)
    • August 1, 1978
    ...omitted)." State v. Garton, 371 S.W.2d 283, 290 (Mo.1963). Accord: State v. Haynes, 482 S.W.2d 444 (Mo.1972); Umfress v. State, 512 S.W.2d 178 The state seeks to justify this warrantless search on several alternative theories, including appellant's consent to the search. Because valid ......
  • Frost v. Taylor, No. 12847
    • United States
    • Court of Appeal of Missouri (US)
    • March 24, 1983
    ...not in determining what may have been the reasons guiding it to judgment or whether such reasons were right or wrong. Umfress v. State, 512 S.W.2d 178, 179 (Mo.App.1974); State ex rel. Pope v. Lisle, 469 S.W.2d 841, 842 Page 267 The statute to which we refer, § 537.045-1, provides: "Th......
  • Cook v. State, No. 37158
    • United States
    • Missouri Court of Appeals
    • October 19, 1976
    ...from which he has now served (sic), the trial court was justified on that ground alone in denying the relief sought.' Umfress v. State, 512 S.W.2d 178, 179(1) (Mo.App.1974) (emphasis Appellant did not fulfill the other requirement either. In his point relied on he claims his guilty plea in ......
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