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UNDERWOOD v. STATE

No. 40489.

591 S.W.2d 140 (1979)

Lloyd UNDERWOOD, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 14, 1979.

Application to Transfer Denied January 15, 1980.

Attorney(s) appearing for the Case

Robert C. Babione, Public Offender, Kevin Curran, Asst. Public Defender, St. Louis, for movant.

Lloyd Underwood, pro se.

John Ashcroft, Atty. Gen., Paul Robert Otto, Teresa Aloi Angle, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 14, 1979.

CLEMENS, Senior Judge.

After an extended evidentiary hearing Movant Lloyd Underwood (hereafter defendant) appeals the denial of his Rule 27.26 motion.

Defendant seeks to set aside his 1970 armed robbery conviction, affirmed on appeal in State v. Underwood, 470 S.W.2d 485 (Mo.1971). As a prior felon defendant had

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