SHIVE v. STATE

No. 16016.

784 S.W.2d 326 (1990)

Lyndall Clarence SHIVE, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or to Transfer Denied February 13, 1990.


Attorney(s) appearing for the Case

James R. Schumacher, Asst. Public Defender, Springfield, for movant-appellant.

William L. Webster, Atty. Gen., Robert V. Franson, Asst. Atty. Gen., Jefferson City, for respondent.


FLANIGAN, Presiding Judge.

Movant Lyndall Shive appeals from an order of the trial court denying, without an evidentiary hearing, his Rule 29.151 motion to set aside a judgment and sentence for stealing. The conviction, based on a jury verdict, was affirmed by this court, State v. Shive, 620 S.W.2d 412 (Mo.App.1981).

Movant asserts that the contents of his motion entitled him to an evidentiary...

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