PER CURIAM:
The defendant James Lyle McFarland appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. On November 20, 1991, defendant plead guilty to driving while intoxicated, § 577.010, RSMo 1986, a class D felony. Pursuant to the plea agreement, he was sentenced as a prior offender to five years imprisonment under the 120 day call-back rule, § 559.115, RSMo Supp.1993, because the court intended to place the defendant on probation...
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