McLARTY v. STATE

No. 36653.

536 S.W.2d 173 (1976)

Robert Jerome McLARTY, Movant-Appellant, v. STATE of Missouri, Respondent.

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

April 13, 1976.


Attorney(s) appearing for the Case

Gael T. Infande, Crouppen, Walther & Zwibelman, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Jay M. Shapiro, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Richard L. Poehling, Asst. Circuit Atty., St. Louis, for respondent.


STEWART, Judge.

Movant appeals from the judgment of the trial court which denied his motion under Rules 27.25 and 27.26 seeking to set aside the judgment convicting him of burglary and to withdraw his plea of guilty.

On April 12, 1973, movant entered a plea of guilty to the charge of burglary in the second degree. At movant's request a presentence report was granted. On May 25, 1973, after receipt of the presentence report the court sentenced movant to 5 years...

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