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PAYNE v. STATE

No. ED 75813.

21 S.W.3d 843 (1999)

Juan PAYNE, Movant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

December 28, 1999.

Attorney(s) appearing for the Case

Alan G. Kimbrell, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Susan K. Glass, Asst. Atty. Gen., Jefferson City, for respondent.

ROBERT G. DOWD, Jr., Judge.

Juan Payne (Movant) appeals the denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. Movant contends the motion court erred in denying his post-conviction motion in that (1) his trial counsel was ineffective for not allowing Movant to testify at trial, and (2) his trial counsel was ineffective for refusing to call Movant's alibi witnesses at trial. We reverse and remand in part and affirm in part.

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