DUMKA v. STATE

No. KCD 26340.

507 S.W.2d 71 (1974)

Gary Robert DUMKA, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

March 4, 1974.


Attorney(s) appearing for the Case

Gerald Kiser, Public Defender, Seventh Judicial Circuit, Liberty, for appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and SOMERVILLE, JJ.


PER CURIAM:

Movant appeals from the denial of his motion to vacate judgment under Rule 27.26, V.A.M.R. The motion was originally heard on July 28, 1972 and at that time movant's ten year sentence for felonious possession of marijuana was set aside as being in excess of the legal penalty and movant was resentenced to a term of three years in the Missouri Department of Corrections.

On appeal movant assigns three points of error. The first is a procedural attack...

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