UMFRESS v. STATE

No. 9610.

512 S.W.2d 178 (1974)

Eddie Douglas UMFRESS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

July 8, 1974.


Attorney(s) appearing for the Case

Philip M. Moomaw, Public Defender, Dan L. Birdsong Asst. Public Defender, Rolla, for movant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Spec. Asst.

Atty. Gen., St. Louis, Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent.


TITUS, Judge.

On a form substantially in compliance with that appended to Rule 27.26, V.A.M.R., movant on April 27, 1971, filed in the Circuit Court of Pulaski County a motion to vacate a nine-year sentence for first degree robbery which had been imposed January 18, 1963, upon a plea of guilty. The motion was dismissed October 12, 1971, without evidentiary hearing "for the reason that petitioner admits in said motion . . . that said sentence has expired and has been...

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