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SPROUSE v. STATE

No. 53814.

752 S.W.2d 386 (1988)

Robert Daniel SPROUSE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied May 25, 1988.

Application to Transfer Denied July 26, 1988.

Attorney(s) appearing for the Case

Michael David Burton, Dorothy Mae Hirzy, St. Louis, for appellant.

William L. Webster, Atty. Gen., Christopher M. Kehr, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 25, 1988.

CRIST, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. Movant was convicted of first degree murder pursuant to a guilty plea and sentenced to life imprisonment. We affirm.

To warrant an evidentiary hearing, movant must allege facts, not conclusions, which, if true, warrant relief, and which are not refuted by the record; and the...

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