STATE v. TOMICH

Nos. 38675, 38676.

569 S.W.2d 7 (1978)

STATE of Missouri, Respondent, v. Walter TOMICH, Appellant.

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

Motion for Rehearing and/or Transfer Denied July 14, 1978.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Thomas R. Motley, Asst. Public Defender, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., J. Michael Davis, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


SMITH, Judge.

Movant appeals from the action of the trial court dismissing without evidentiary hearing movant's Motion to Set Aside Guilty Plea. Movant had originally entered pleas of guilty to Sodomy, Rape, and Robbery in the first degree and received concurrent 35 year sentences on each charge.

On appeal movant contends that the motion to set aside his guilty pleas required an evidentiary hearing because movant's allegations, if proven, would have rendered...

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