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BATTLE v. STATE

No. 47158.

674 S.W.2d 179 (1984)

David O. BATTLE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied July 12, 1984.

Application to Transfer Denied September 11, 1984.

Attorney(s) appearing for the Case

Dorothy Hirzy, Asst. Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 12, 1984.

DOWD, Chief Judge.

Movant David Battle was convicted of two counts of assault in the first degree § 565.050 RSMo 1978 and sentenced to two consecutive fifteen-year terms. His conviction was upheld on direct appeal in State v. Battle, 625 S.W.2d 252 (Mo.App. 1981). In the trial court, movant sought to vacate the sentences pursuant to Rule...

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