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TOLAND v. STATE

No. 52957.

747 S.W.2d 256 (1988)

Steven W. TOLAND, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer to Denied March 2, 1988.

Application to Transfer Denied April 19, 1988.

Attorney(s) appearing for the Case

Holly G. Simons, Asst. Public Defender, St. Louis, for appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 1988.

KAROHL, Presiding Judge.

Movant was convicted by jury of first degree assault, Section 565.050 RSMo 1978, and sentenced to fifteen years imprisonment. The conviction was affirmed on appeal. State v. Toland, 708 S.W.2d 293 (Mo.App.1986). Movant sought to have his conviction vacated pursuant to Rule 27.26. The motion court, following an evidentiary...

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