HALIBURTON v. STATE

No. KCD 28409-28454.

546 S.W.2d 771 (1977)

John W. HALIBURTON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

January 31, 1977.


Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, P. J., and SOMERVILLE and TURNAGE, JJ.


WASSERSTROM, Presiding Judge.

Defendant pleaded guilty to second degree murder in 1972 and was sentenced to 35 years imprisonment by Judge Lucas. In 1975, defendant filed this motion to vacate the sentence under Rule 27.26. That motion was denied by Judge Clark on the record without appointment of counsel or the holding of an evidentiary hearing. On this appeal, defendant assigns those denials as error.

The basis upon which defendant seeks to vacate the sentence...

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