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McALESTER v. STATE

No. WD 34249.

658 S.W.2d 90 (1983)

Alphonso E. McALESTER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

September 13, 1983.

Attorney(s) appearing for the Case

Joseph H. Locascio, Sp. Public Defender, John M. Torrence, Asst. Sp. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for respondent.

Before CLARK, P.J., and PRITCHARD and LOWENSTEIN, JJ.

PRITCHARD, Judge.

Appellant sought to vacate his conviction and set aside his sentence under Rule 27.26 for burglary and stealing, 15 years and 7 years respectively, to be served consecutively. The conviction was affirmed on appeal in State v. McAlester, 635 S.W.2d 76 (Mo. App.1982).

The trial court overruled the motion without holding an evidentiary hearing on September 22, 1982. Appellant's Point I submits that...

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