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KELLY v. STATE

No. WD 31490.

623 S.W.2d 65 (1981)

Zanders J. KELLY, Jr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

October 6, 1981.

Attorney(s) appearing for the Case

Peter N. Sterling, Acting Public Defender, John Kurtz, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for respondent.

Before MANFORD, P. J., and DIXON and NUGENT, JJ.

NUGENT, Judge.

Zanders J. Kelly, Jr.1 (hereinafter sometimes referred to as defendant) appeals the order of the trial court denying relief after an evidentiary hearing on his Rule 27.26 motion. He contends that the sentence imposed was fatally defective in that the court's order failed to recite a finding of a previous felony conviction and to recite a finding that under the evidence the Second Offender Act was applicable. He also asserts...

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