RUSSELL v. STATE

No. WD 30798.

597 S.W.2d 694 (1980)

Lee Daniel RUSSELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

April 7, 1980.


Attorney(s) appearing for the Case

Gerald Kiser, Public Defender, Liberty, for appellant.

John Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.


SOMERVILLE, Judge.

The trial court, upon motion of the state and absent an evidentiary hearing, dismissed Lee Daniel Russell's Rule 27.26 motion to vacate a five year sentence entered upon a plea of guilty to a charge of "auto theft". Russell timely appealed.

Of three points raised by Russell on appeal, the first is deemed to be the principal and dispositive point—that the trial court erred in dismissing his Rule 27.26 motion without affording him an...

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