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SWEENEY v. STATE

No. 55128.

764 S.W.2d 752 (1989)

David SWEENEY, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

February 14, 1989.

Attorney(s) appearing for the Case

Mark McSweeney, Asst. Public Defender, Clayton, for movant.

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

CRANDALL, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. Movant was convicted, after a jury trial, of murder in the second degree and sentenced to thirty years. He had been charged with capital murder. That conviction was affirmed on direct appeal. State v. Sweeney, 728 S.W.2d 629 (Mo.App. 1987).

Movant's sole point on appeal is that the trial court erred in...

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