STATE v. NICHOLSON

No. 10156.

544 S.W.2d 896 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Dean NICHOLSON, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

December 16, 1976.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Robert Presson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

William E. Stoner, Walker, Salveter & Stoner, Springfield, for defendant-appellant.

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


BILLINGS, Chief Judge.

Defendant Dean E. Nicholson was jury tried and convicted in Phelps County in 1972 of violating the insufficient funds check statute [§ 561.470, RSMo 1969]. He was sentenced to two years imprisonment but execution of the sentence was suspended by the trial judge and he was placed on probation.

Defendant's postconviction motion to vacate the sentence and judgment, charging ineffective assistance of counsel because a timely motion...

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