WINSTON v. STATE

No. 36864.

533 S.W.2d 709 (1976)

Joecephus WINSTON, Jr., Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Three.

February 10, 1976.


Attorney(s) appearing for the Case

James W. Huck, Huck, Kasten & LaBeaume, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Philip M. Koppe, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., St. Louis, for respondent.


SIMEONE, Presiding Judge.

This is an appeal by movant-appellant, Joecephus Winston, Jr., from an order of the circuit court of the City of St. Louis entered May 7, 1974, overruling and denying without an evidentiary hearing his motion to vacate sentence pursuant to Supreme Court Rule 27.26.

On December 6, 1971, movant withdrew his plea of not guilty to murder in the second degree, § 559.020, RSMo 1969, and entered a plea of guilty to that offense. On...

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