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MILLICAN v. STATE

No. 14870.

733 S.W.2d 834 (1987)

Benjamin Clifford MILLICAN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

July 20, 1987.

Attorney(s) appearing for the Case

Elizabeth A. Bock, Asst. Public Defender, Springfield, for appellant.

William L. Webster, Atty. Gen., Carrie Francke, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Chief Judge.

Benjamin Clifford Millican ("movant") appeals from an order denying his motion per Rule 27.261 to vacate his conviction of the class C felony of stealing a diamond valued at more than $150, § 570.030, RSMo 1978, for which he was sentenced as a persistent offender, § 558.016, RSMo Cum. Supp.1981, to 12 years' imprisonment. The conviction, a result of trial by jury, was affirmed on direct appeal. State v....

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