WILLIAMS v. STATE

No. 39868.

577 S.W.2d 184 (1979)

John Phillip WILLIAMS, Plaintiff-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

January 30, 1979.


Attorney(s) appearing for the Case

John J. Allen, St. Louis, for plaintiff-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Courtney Goodman, Jr., Pros. Atty., James R. Hartenbach, Clayton, for defendant-respondent.


CRIST, Judge.

Rule 27.26 proceeding to set aside judgment and sentence entered on a plea of guilty to Second Degree Burglary and Stealing.

Movant alleges error in his having to make a choice between a two-year sentence without probation or fifteen years with execution of the sentence suspended pending successful completion of a five year probation. Movant made the wrong choice of the longer sentence.

He had the misfortune of being convicted of burglary...

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