TOLLISON v. STATE

No. 37940.

556 S.W.2d 455 (1977)

James Donald TOLLISON, Appellant, v. STATE of Missouri, Respondent.

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

August 23, 1977.


Attorney(s) appearing for the Case

John Rueseler, Cape Girardeau, for appellant.

John D. Ashcroft, Atty. Gen., Preston Dean and W. Mitchell Elliott, Asst. Attys. Gen., Jefferson City, for respondent.


WEIER, Judge.

On February 3, 1975, James Donald Tollison was sentenced to ten years imprisonment after a trial in which he had been convicted of the illegal possession of a controlled substance. He did not appeal his conviction. On November 21, 1975, however, Tollison filed a motion to vacate, set aside or correct his sentence under Rule 27.26. The State moved to dismiss the Rule 27.26 motion without an evidentiary hearing on the ground that it failed to state facts...

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