TOMICH v. STATE

No. 41970.

607 S.W.2d 811 (1980)

Walter TOMICH, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 7, 1980.


Attorney(s) appearing for the Case

Henry J. Rieke, St. Louis, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Jan Bond, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


CLEMENS, Senior Judge.

Movant, Walter Tomich, (hereafter "defendant") appeals the denial of his Rule 27.26 motion after an evidentiary hearing. He sought to set aside three concurrent thirty-five year sentences based on pleas of guilty. Two of these motions were on his guilty pleas to rape and sodomy; the third was on his guilty plea to robbery. By his brief, defendant challenges only the rape and sodomy convictions.

Defendant now contends in effect that the...

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