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DAY v. STATE

No. 9626.

516 S.W.2d 53 (1974)

Carlos E. DAY, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

November 15, 1974.

Attorney(s) appearing for the Case

Ted M. Henson, Jr., Poplar Bluff, for movant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Spec. Asst. Atty. Gen., St. Louis, Clarence Thomas, Asst. Atty. Gen., Jefferson City, for respondent.

Before HOGAN, C.J., and TITUS, BILLINGS and FLANIGAN, JJ.

TITUS, Judge.

Carlos E. Day pleaded guilty April 16, 1973, to unlawfully possessing lysergic acid diethylamide (LSD) and made "oral application for probation or parole." When Day appeared June 12, 1973, for allocution and sentencing, the application for probation was withdrawn and he was sentenced to imprisonment for 5 years. Ch. 195 RSMo 1969, V.A.M.S., Amended L.1971. On August 13, 1973, Day filed a Rule 27.26, V.A.M.R., motion to vacate the sentence on two grounds...

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