WHITE v. STATE

No. 43815.

624 S.W.2d 100 (1981)

George Everett WHITE, Plaintiff-Respondent, v. STATE of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied October 16, 1981.

Application to Transfer Denied December 14, 1981.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, or defendant-appellant.

James Whitney, Clayton, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 16, 1981.

DOWD, Judge.

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

Defendant pleaded guilty and was sentenced to an eight year term for robbery in the first degree (§ 560.120 RSMo. 1969, now § 569.020 RSMo 1978) and a three year term for armed criminal...

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