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BAINTER v. STATE

No. 43743.

622 S.W.2d 802 (1981)

David BAINTER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 29, 1981.

Attorney(s) appearing for the Case

Kenneth A. Seufert, Farmington, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Kirk Lohman, Asst. Attys. Gen., Jefferson City, Gary E. Stevenson, Pros. Atty., Farmington, for respondent.

CLEMENS, Senior Judge.

By this writ of error coram nobis petitioner David Bainter (hereafter "defendant") seeks to vacate a 1962 two-year sentence. He then pleaded guilty to attempted burglary. By this motion defendant seeks to avoid two life and one five-year sentences for murder and burglary. In 1977 that sentence was imposed on defendant as an habitual criminal.

The two-year 1962 sentence now challenged was not a basis for applying the habitual criminal...

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