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STATE v. MOTSINGER

Nos. 51756, 51763.

728 S.W.2d 633 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Leonard MOTSINGER, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 15, 1987.

Application to Transfer Denied May 19, 1987.

Attorney(s) appearing for the Case

John Munson Morris, Elizabeth Ann Levin, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Charles Clifford Schwartz, James Jay Knappenberger, Clayton, for defendant-appellant.

SIMON, Judge.

Movant, Leonard Motsinger, appeals from an order, entered in the Circuit Court of Madison County, sustaining the state's motion for summary judgment on movant's three count post-conviction motion without first holding an evidentiary hearing. On appeal, movant contends that the trial court erred in dismissing his post-conviction motion without first holding an evidentiary hearing because his guilty plea was

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