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BARKWELL v. STATE

No. 11994.

619 S.W.2d 511 (1981)

Nelson Eugene BARKWELL, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

July 20, 1981.

Attorney(s) appearing for the Case

David R. Fielder, Springfield, for movant-appellant.

John D. Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

BILLINGS, Judge.

Nelson Eugene Barkwell was denied postconviction relief, under Rule 27.26, V.A. M.R., from consecutive sentences for stealing and filed this appeal. The trial court found that he was not prejudiced by his trial attorney's failure to timely file his motion for new trial. We affirm.

Movant alleged he had ineffective assistance of counsel because the motion for new trial was late and on direct appeal...

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