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STATE BY WESTFALL v. CROWDER

No. 43465.

621 S.W.2d 717 (1981)

STATE of Missouri By George R. WESTFALL, Plaintiff-Appellant, v. Lee Edward CROWDER, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 1, 1981.

Attorney(s) appearing for the Case

John A. Ross, Asst. Pros. Atty., Clayton, John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for plaintiff-appellant.

Wm. Shaw, Public Defender, Thea Sherry, Asst. Public Defender, Clayton, for defendant-respondent.

GUNN, Judge.

The state appeals from a trial court order granting defendant's Rule 27.26 motion to vacate judgment and sentence for an armed criminal action conviction. We affirm.

Defendant entered guilty pleas to Count I, stealing from a person, a felony (§ 560.156, RSMo 1969); Count II, armed criminal action, a felony (§ 559.225, RSMo Supp. 1976); and Count III, assault with intent to kill, a felony ...

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