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OERLY v. STATE

No. WD 34145.

658 S.W.2d 894 (1983)

Douglas Earl OERLY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion For Rehearing and/or Transfer to Overruled and Denied September 28, 1983.

Attorney(s) appearing for the Case

J. Armin Rust, Lexington, for appellant.

John Ashcroft, Atty. Gen., and Mary Stewart Tansey, Jefferson City, for respondent.

Before WASSERSTROM, P.J., and KENNEDY and NUGENT, JJ.

Motion For Rehearing and/or Transfer to Supreme Court Overruled and Denied September 28, 1983.

KENNEDY, Judge.

The trial court dismissed appellant's 27.26 motion without an evidentiary hearing. Appellant claims on this appeal that he should have been given an evidentiary hearing upon the motion.

Supreme Court Rule 27.26 would require an evidentiary hearing if the motion states a claim for relief, "unless the motion and the files and records of the...

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