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DAWSON v. STATE

No. WD33054.

640 S.W.2d 165 (1982)

Thomas D. DAWSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied October 5, 1982.

Application to Transfer Denied November 15, 1982.

Attorney(s) appearing for the Case

Thomas McBride, Tarkio, for movant-appellant.

John Ashcroft, Atty. Gen., Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and PRITCHARD and DIXON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied October 5, 1982.

PER CURIAM:

Movant appeals the denial of his Rule 27.26 motion without evidentiary hearing. The issue is the correctness of the trial court procedure in denying the motion without hearing or notice after appointment of counsel.

The novel procedure adopted in the trial court requires that the matter be reversed and...

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