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GARRETT v. STATE

No. KCD 30264.

591 S.W.2d 89 (1979)

Willie GARRETT, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 3, 1979.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kevin R. Locke and Gary L. Gardner, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Hope E. Thurrott, Sp. Asst. Atty. Gen., Kansas City, for respondent.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 3, 1979.

TURNAGE, Judge.

Willie Garrett's 27.26 motion was denied without an evidentiary hearing. On this appeal he contends he was entitled to a hearing and the appointment of counsel.

Garrett was convicted of robbery and sentenced to imprisonment for twenty years under the Second Offender Act. That conviction was affirmed by this court in State v. Garrett,

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