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BIVENS v. STATE

No. 44525.

639 S.W.2d 102 (1982)

Hardy Carvell BIVENS, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 17, 1982.

Application to Transfer Denied October 18, 1982.

Attorney(s) appearing for the Case

Appleton, Newman & Kretmar, Susan F. Appleton, Robert O. Appleton, Jr., Gerald Kretmar, Clayton, for movant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.

REINHARD, Presiding Judge.

Movant appeals from the denial, after an evidentiary hearing, his Rule 27.26 motion. We affirm.

On April 28, 1980, the day of trial, movant entered a plea of guilty to capital murder, a violation of § 565.001 RSMo. 1978, and assault in the first degree, a violation of § 565.050 RSMo. 1978 and subsequently was sentenced to life imprisonment without probation or parole for fifty years for the capital murder charge and ten...

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