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LUTE v. STATE

No. WD 40642.

768 S.W.2d 166 (1989)

Shirley LUTE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 28, 1989.

Application to Transfer Denied May 16, 1989.

Attorney(s) appearing for the Case

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

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

Before FENNER, P.J., and SHANGLER and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 28, 1989.

FENNER, Presiding Judge.

Appellant, Shirley Lute, appeals the dismissal of the second motion she has filed seeking relief under Rule 27.26 (now repealed). Appellant was convicted of capital murder under § 565.001, RSMo Supp.1977 (repealed effective 10-4-84). Appellant was sentenced to life imprisonment and upon appeal her conviction was reversed and the case remanded for new...

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