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DONALDSON v. STATE

No. 9295.

493 S.W.2d 677 (1973)

Charles M. DONALDSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

April 3, 1973.

Attorney(s) appearing for the Case

Roger K. Fisher, Joplin, for movant-appellant.

John C. Danforth, Atty. Gen., Charles B. Blackmar, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

BILLINGS, Judge.

This is an appeal from the order of the Jasper County Circuit Court overruling appellant's second motion under Rule 27.26, V.A.M.R., seeking to vacate a 99-year sentence for rape entered in 1947 on a plea of guilty. We affirm.

Appellant's first motion to vacate judgment and sentence alleged an involuntary plea because of promises by his lawyer that the sentence would be 15 years, mental incompetency at the time of the plea, and the failure...

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