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McDANIEL v. STATE

No. 40939.

607 S.W.2d 228 (1980)

Nathaniel McDANIEL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 30, 1980.

Attorney(s) appearing for the Case

David V. Uthoff, Asst. Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Nancy D. Kelley, Asst. Attys. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, for respondent.

REINHARD, Judge.

Movant's Rule 27.26 motion sought to vacate his sentence of stealing property of the value of at least $50.00. The trial court denied the motion without an evidentiary hearing. On appeal, he contends that the court erred in failing to give him an evidentiary hearing.

Movant's specific allegations are almost identical to those made by the movant in Smith v. State, 513 S.W.2d 407 (Mo. banc 1974)

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