STATE v. SCHLUP

No. WD 42178.

785 S.W.2d 796 (1990)

STATE of Missouri, Respondent, v. Lloyd E. SCHLUP, Appellant.

Missouri Court of Appeals, Western District.

March 13, 1990.


Attorney(s) appearing for the Case

Melinda K. Pendergraph, Columbia, for appellant.

William L. Webster, Atty. Gen., John P. Pollard, Asst. Atty. Gen., Jefferson City, for respondent.

Before NUGENT, C.J., and SHANGLER and FENNER, JJ.


FENNER, Judge.

Appellant, Lloyd Schlup, appeals his conviction for assault in the first degree under § 565.050, RSMo 1986. After trial by jury, appellant was sentenced by the court as a persistent offender to life imprisonment.

Initially, no appeal was taken from appellant's conviction. However, appellant did file a motion for post-conviction relief under then Rule 27.26. Appellant's Rule 27.26 proceeding is reported in Schlup v. State,

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