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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