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TURLEY v. STATE

No. 38788.

571 S.W.2d 465 (1978)

Ernest TURLEY, Plaintiff-Appellant, v. STATE of Missouri, Defendant-Respondent.

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

Motion for Rehearing and/or Transfer Denied September 15, 1978.

Attorney(s) appearing for the Case

John A. Eigel, Warrenton, for plaintiff-appellant.

John D. Ashcroft, Atty. Gen., Carson W. Elliff, Asst. Atty. Gen., Jefferson City, for defendant-respondent.

SMITH, Judge.

Appellant, Ernest Turley, appeals from a judgment entered by the circuit court denying, without an evidentiary hearing, his Rule 27.26 motion for post conviction relief. On October 5, 1972, the circuit court of Warren County entered judgment of conviction upon a jury verdict finding appellant guilty of armed robbery and sentenced him as a second offender to twenty (20) years imprisonment. On appeal we affirmed this conviction. State v. Turley,

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