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VAUGHN v. STATE

No. WD 40358.

763 S.W.2d 232 (1988)

Larry VAUGHN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 27, 1988.

Application to Transfer Denied February 14, 1989.

Attorney(s) appearing for the Case

Craig A. Johnston, Asst. Public Defender, Columbia, for appellant.

William L. Webster, Atty. Gen., William J. Swift, Asst. Atty. Gen., Jefferson City, for respondent.

Before FENNER, P.J., and MANFORD and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 27, 1988.

GAITAN, Judge.

This appeal is from a denial of Larry Vaughn's Rule 27.26 motion to vacate judgment and sentence for second degree murder for which he was sentenced to thirty (30) years in the Missouri Department of Corrections. § 565.004, RSMo 1978 (repealed and replaced by § 565.021, RSMo 1986). Appellant's conviction was affirmed in State v. Vaughn,

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