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JOHNSON v. STATE

No. 14874.

726 S.W.2d 889 (1987)

James Benny JOHNSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

March 25, 1987.

Attorney(s) appearing for the Case

Andrew C. Bullard, Kennett, for movant-appellant.

William L. Webster, Atty. Gen., Jatha B. Sadowski, Asst. Atty. Gen., Jefferson City, for respondent.

MAUS, Judge.

In a court tried case, the movant was convicted of forcible rape, § 566.030.3, and sentenced to imprisonment for 20 years. His conviction was affirmed on direct appeal. State v. Johnson, 685 S.W.2d 603 (Mo.App.1985). In this proceeding, his motion under Rule 27.26 attacking that conviction was denied without an evidentiary hearing. He presents two points in his appeal from that denial.

Movant's first...

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