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DIERCKS v. STATE

No. WD 38194.

725 S.W.2d 95 (1987)

John S. DIERCKS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

February 24, 1987.

Attorney(s) appearing for the Case

Janet M. Thompson, Columbia, for appellant.

William L. Webster, John M. Morris, Jefferson City, for respondent.

Before PRITCHARD, P.J., and KENNEDY and LOWENSTEIN, JJ.

KENNEDY, Judge.

Defendant was convicted upon a jury trial of cultivating marijuana. He received a sentence of 15 years' imprisonment as a prior offender, § 195.200.1(3), RSMo Supp. 1984. The judgment was affirmed on appeal, State v. Diercks, 674 S.W.2d 72 (Mo. App.1984).

Diercks now has filed a Rule 27.26 motion seeking vacation of the judgment of conviction. The motion was ruled against him after an evidentiary...

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