BURNS v. STATE

No. 11541.

601 S.W.2d 633 (1980)

Omer Ray BURNS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and for Transfer Denied June 27, 1980.


Attorney(s) appearing for the Case

Michael Baker, Springfield, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.


PER CURIAM.

Appellant filed a motion under Rule 27.26, V.A.M.R., to vacate and set aside his conviction and sentence of five years for violating § 561.450, RSMo 1969. The trial court determined that appellant was not entitled to an evidentiary hearing and denied the motion.

Appellant's points relied on contend: (1) that the trial court erred in denying the motion without a hearing, as the motion raised an issue of fact on whether he had ineffective assistance...

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