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STATE v. GARDNER

Nos. 70271, 71569.

952 S.W.2d 384 (1997)

STATE of Missouri, Plaintiff/Respondent, v. Kyle GARDNER, Defendant/Appellant. Kyle GARDNER, Movant/Appellant. v. STATE of Missouri, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

September 23, 1997.

Attorney(s) appearing for the Case

Emmett D. Queener, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Gregory L. Barnes, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANE, P.J., and RHODES RUSSELL and JAMES R. DOWD, JJ.

PER CURIAM.

Defendant Kyle Gardner appeals his conviction, after a bench trial, of burglary in the first degree, in violation of Section 569.160 RSMo 1994, and assault in the first degree (class B), in violation of Section 565.050 RSMo 1994, on which he was sentenced as a prior and persistent offender to ten years and fifteen years to be served concurrently. Gardner also appeals from a judgment denying on the merits, after an evidentiary hearing, his Rule 29.15 motion...

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