GAMACHE v. STATE

No. 37832.

548 S.W.2d 594 (1977)

Joseph B. GAMACHE, Defendant-Appellant, v. STATE of Missouri, Plaintiff-Respondent.

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

Motion for Rehearing or Transfer Denied March 15, 1977.

Application to Transfer Denied May 10, 1977.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Mary Louise Moran, Asst. Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Paul Robert Otto, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., J. A. Roche Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


STEWART, Judge.

Petitioner appeals from the denial of his motion under Rule 27.26 to vacate the judgment which convicted him of Robbery First Degree. The trial court denied the motion without an evidentiary hearing. We affirm.

The petitioner contends that "The trial court erred in overruling appellant's 27.26 motion to vacate and denying him an evidentiary hearing because his conviction was unconstitutionally obtained by the use of prior counselless convictions...

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