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BURNSIDE v. STATE

No. WD 30958.

600 S.W.2d 157 (1980)

Thomas E. BURNSIDE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 9, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Gary L. Gardner, Kevin Locke, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jerry L. Short, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P. J., and SHAGLER and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 9, 1980.

TURNAGE, Presiding Judge.

Thomas Burnside appeals the denial of his second 27.26 motion without an evidentiary hearing. The contention on this appeal is that the court erred when it failed to appoint counsel upon the filing of the second 27.26 motion because the motion was filed by an indigent pro se. Affirmed.

Burnside filed a 27.26 motion seeking to overturn his conviction...

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