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DALY v. STATE

No. 44693.

639 S.W.2d 211 (1982)

John C. DALY, 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

William J. Shaw, Public Defender, Clayton, for movant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Westfall, Pros. Atty., Clayton, for respondent.

CRANDALL, Judge.

Movant appeals the denial of his Rule 27.26 motion after an evidentiary hearing. In 1960 movant was convicted of robbery. This conviction was used to enhance his punishment under the Second Offender Act (§ 556.280, RSMo 1969) for the challenged convictions in 1975 of two counts of robbery first degree by means of a dangerous and deadly weapon. In his motion, movant alleges that the 1960 conviction was invalid because he was denied assistance...

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