545 S.W.2d 675 | Mo. Ct. App. | 1976
Movant Gordon Jenkins has appealed denial of his Rule 27.26 motion to vacate sentence.
A jury had found movant guilty of attempted first degree robbery by means of a dangerous and deadly weapon and of assault with intent to kill with malice. The court sentenced movant to consecutive 15-year terms of imprisonment. Conviction was affirmed on appeal. State v. Jenkins, 516 S.W.2d 522 (Mo.App.1974).
Movant’s sole contention on appeal is that the trial court erred in failing to correct his 15-year sentence for attempted first degree robbery. Section 560.135, RSMo. 1969
Since the sentence was within the statutory range it is not subject to movant’s challenge that it was excessive. State v. Phillips, 480 S.W.2d 836[4] (Mo.1972).
Judgment affirmed.
. This was the statute in effect at the time of movant’s trial.