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PHILLIPS v. STATE

No. 13357.

672 S.W.2d 180 (1984)

Ricky Leonard PHILLIPS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

June 4, 1984.

Attorney(s) appearing for the Case

David Robards, Joplin, for movant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

FLANIGAN, Presiding Judge.

Movant Ricky Phillips appeals from a denial, without evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for second degree murder based on a guilty plea. Movant's sole point is that the trial court erred "in summarily overruling the motion after appointing counsel to represent movant, as the trial court was required to notify counsel and give counsel an opportunity to be heard...

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