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BABCOCK v. STATE

No. KCD 27108.

521 S.W.2d 191 (1975)

Jack W. BABCOCK, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied March 31, 1975.

Attorney(s) appearing for the Case

William G. Mays, II, Public Defender, 13th Judicial Circuit, Columbia, for appellant.

John C. Danforth, Atty. Gen., K. Preston Dean, II, Philip M. Koppe, Asst. Attys. Gen., Jefferson City, for respondent.

Before WASSERSTROM, P. J., and SHANGLER and DIXON, JJ.

WASSERSTROM, Presiding Judge.

Defendant appeals from a denial of his second motion under Rule 27.26, V.A.M.R., to vacate a sentence of imprisonment. His sole complaint in the trial court on his current motion was that the sentence was imposed pursuant to misinformation and a misunderstanding of facts by the sentencing judge. The trial court sustained the State's motion to dismiss on the ground that this issue had already been raised and passed upon in the first post...

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