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VOGEL v. STATE

No. WD 57549.

31 S.W.3d 130 (2000)

Joshua C. VOGEL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 31, 2000.

Application for Transfer Denied December 5, 2000.

Attorney(s) appearing for the Case

Andrew A. Schroeder, Asst. Public Defender, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Adriane D. Crouse, Susan K. Glass, Asst. Attys. Gen., Jefferson City, for Respondent.

Before: EDWIN H. SMITH, P.J., and ULRICH and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 31, 2000.

EDWIN H. SMITH, Presiding Judge.

Joshua C. Vogel appeals from the circuit court's order overruling, after an evidentiary hearing, his Rule 29.151 motion for post-conviction relief. After a jury trial in the Circuit Court of Buchanan County, the appellant was convicted of two counts of assault in the first degree, § 565.050,2

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