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HUSTON v. STATE

No. 51244.

720 S.W.2d 27 (1986)

Danny Baylis HUSTON, Movant-Appellant. v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied November 18, 1986.

Application to Transfer Denied December 16, 1986.

Attorney(s) appearing for the Case

Thomas J. Marshall, Public Defender, Moberly, for movant-appellant.

Diane Garber, Pros. Atty., Fulton, for respondent-respondent.

PER CURIAM:

Movant appeals from an order granting the state's motion to dismiss his third Rule 27.26 motion. The court heard evidence on the state's motion to dismiss, but did not hold an evidentiary hearing on the 27.26 motion. Movant was granted evidentiary hearings on his two previous 27.26 motions, and the denial of the second motion was appealed. We affirmed in Huston v. State, 679 S.W.2d 408 (Mo.App.1984). We find no...

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