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GARDNER v. STATE

No. 11427.

602 S.W.2d 769 (1980)

Edward L. GARDNER, Jr., Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer Denied July 24, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

Blythe Crist-Brown, Wear & Wear, Springfield, for movant-appellant.

John Ashcroft, Atty. Gen., Michael Elbein, Paul R. Otto, Paul Spinden, Asst. Attys. Gen., Jefferson City, for respondent-respondent.

FLANIGAN, Chief Judge.

Movant Gardner appeals from a denial, after evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for selling marijuana (Count I) and selling salt of amphetamine (Count II). The jury trial which resulted in the conviction ended on January 27, 1976, and the conviction was affirmed by this court on November 10, 1977. State v. Gardner, 558 S.W.2d 395<...

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