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  5. 809 S.W.2d 50 (1991)
 

STATE v. KRAMER

Nos. 57151, 58341.

809 S.W.2d 50 (1991)

STATE of Missouri, Plaintiff/Respondent, v. Oscar KRAMER, Defendant/Appellant. Oscar KRAMER, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 10, 1991.

Application to Transfer Denied June 11, 1991.

Attorney(s) appearing for the Case

Terrance Niehoff, Henry B. Robertson, Melinda K. Pendergraph, St. Louis, for defendant/appellant.

Willaim L. Webster, Atty. Gen., Joan F. Gummels, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 10, 1991.

REINHARD, Presiding Judge.

Defendant appeals after his conviction by a jury of stealing by deceit, § 570.030, RSMo 1986. He was sentenced as a prior offender, § 558.016, RSMo 1986, to serve a term of five years. After sentencing, defendant filed a Rule 29.15 motion which the trial court denied without an evidentiary hearing. Pursuant to Rule 29.15(1) these

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