Nos. 55522, 58999.

810 S.W.2d 685 (1991)

STATE of Missouri, Respondent, v. William FONDREN, Appellant. William FONDREN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

June 4, 1991.

Attorney(s) appearing for the Case

Lew A. Kollias, Columbia, for appellant.

William L. Webster, Atty. Gen., Geoffrey W. Preckshot, Asst. Atty. Gen., Jefferson City, for respondent.

GARY M. GAERTNER, Presiding Judge.

Appellant, William Fondren, appeals from his jury conviction of second degree assault. Appellant requested that the trial court determine his sentence and the court sentenced him to six years imprisonment. Appellant filed a pro se Rule 29.15 motion on January 25, 1989, which was denied without an evidentiary hearing on August 8, 1990. The facts, briefly stated, showed the following.

Around 7:00 p.m. on October 29,...

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