HENLEY, Judge.
This is an appeal from a judgment overruling appellant's (hereinafter movant) motion to vacate and set aside a judgment imposing a sentence of 45 years on his conviction by a jury of assault with intent to kill with malice aforethought. Sup.Ct. Rule 27.26, V.A.M.R.
The judgment of conviction of assault with intent to kill with malice was affirmed on appeal to this court. See State v. Brown,
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