JONES v. STATE

No. WD 39729.

748 S.W.2d 878 (1988)

Oscar JONES, Movant-Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Western District.

March 29, 1988.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Deborah L. Ground, Asst. Atty. Gen., Jefferson City, for appellant.

Gregg T. Hyder, Columbia, for movant-respondent.

Before LOWENSTEIN, P.J., and MANFORD and NUGENT, JJ.


MANFORD, Judge.

This is an appeal by the State of Missouri from a judgment sustaining movant's Rule 27.26 motion and remanding the cause for resentencing. The judgment is reversed.

A sole point is presented, which charges that the judgment was clearly erroneous on the basis that the hearing court, sua sponte, concluded that movant was denied effective assistance of counsel when retained counsel failed to inform...

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