HIGGINS, Commissioner.
On December 15, 1961, appellant pleaded guilty to a charge of burglary in the second degree with seven prior convictions and, under Section 556.280 V.A.M.S., was sentenced by the court to five years' imprisonment. He proceeded under Criminal Rule 27.26, V.A.M.R. to vacate that judgment and sentence and has appealed from the order denying his motion without a hearing.
Respondent shows that defendant has been duly paroled from the penitentiary...
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