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CATHY v. STATE

No. 45802.

644 S.W.2d 392 (1982)

Kenny CATHY, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

December 21, 1982.

Attorney(s) appearing for the Case

Kenneth A. Seufert, Public Defender, Farmington, for movant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, John W. Reid, II, Pros. Atty., Fredericktown, for respondent.

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing.

To be entitled to an evidentiary hearing, movant must plead facts, not conclusions, which if true would entitle him to relief. Jackson v. State, 585 S.W.2d 495, 497 (Mo. banc 1979). An evidentiary hearing may be denied if it can be determined from the files, transcripts, and records that, as a matter of law, a...

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