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  5. 752 S.W.2d 362 (1988)
 

TYGART v. STATE

Nos. 15241, 15282.

752 S.W.2d 362 (1988)

David TYGART, Movant-Respondent, v. STATE of Missouri, Appellant. David TYGART, Movant-Cross-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or to Transfer Denied and Overruled May 17, 1988.

Attorney(s) appearing for the Case

Jon Van Arkel, Asst. Public Defender, Springfield, for movant-respondent and movant-cross-appellant.

William L. Webster, Atty. Gen., Karen A. King, Asst. Atty. Gen., Jefferson City, for appellant and respondent.

MAUS, Judge.

By his motion under Rule 27.26, the movant, David Tygart, seeks to set aside his sentence and withdraw his plea of guilty to a charge of first degree murder. § 565.020. His motion alleged four grounds why that relief should be granted. Following an evidentiary hearing, the motion court found against movant on two allegations. But, under the third and fourth allegations, it set aside the sentence and directed the trial court to hold a hearing on the...

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