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WOODS v. STATE

No. 37773.

546 S.W.2d 14 (1976)

Burton WOODS, Jr., Petitioner-Appellant, v. STATE of Missouri, Respondent.

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

Motion for Rehearing or Transfer Denied January 14, 1977.

Application to Transfer Denied March 14, 1977.

Attorney(s) appearing for the Case

Brassil, Rohlfing & McDonald, James L. Rohlfing, St. Louis, for petitioner-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Neil Mac Farlane, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., W. Earl Jacobs, Asst. Circuit Atty., St. Louis, for respondent.

DOWD, Judge.

Appellant appeals the dismissal of his motion under Rule 27.26 to vacate and set aside his conviction and sentencing for two distinct offenses in a single trial in 1973. The conviction was affirmed on direct appeal. State v. Woods, 508 S.W.2d 297 (Mo. App.1974). The charges were joined under authority of Rule 24.04 whose constitutionality appellant raised for the first time in his 27.26 motion.

Appellant...

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