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STATE v. WESTON

Nos. WD 49726, WD 51656.

926 S.W.2d 920 (1996)

STATE of Missouri, Respondent, v. Malcolm WESTON, Appellant. Malcolm WESTON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 30, 1996.

Attorney(s) appearing for the Case

Ellen H. Flottman, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kurt U. Schaefer, Asst. Atty. Gen., Jefferson City, for respondent.

Before LAURA DENVIR STITH, P.J., and ULRICH and SMART, JJ.

SMART, Judge.

Malcolm Weston appeals from his convictions of murder in the second degree, in violation of § 565.021.1, RSMo 1986, and of armed criminal action, in violation of § 571.015, RSMo 1986. Weston was sentenced to life imprisonment plus a consecutive term of ten years. Weston also appeals from the denial of his Rule 29.15 motion without an evidentiary hearing.

On November 9, 1993, Russell "Rusty" Allen and his wife, Lisa Allen, were driving...

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