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LUSTER v. STATE

No. WD 56756.

10 S.W.3d 205 (2000)

David E. LUSTER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 18, 2000.

Attorney(s) appearing for the Case

Susan L. Hogan, Dist. Defender, Kansas City, for Appellant.

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

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

EDWIN H. SMITH, Judge.

David E. Luster appeals from the order of the circuit court denying his Rule 29.151 motion for postconviction relief without an evidentiary hearing. The appellant was convicted in the Circuit Court of Jackson County after a trial before the court as a prior and persistent offender of one count of assault in the first degree, § 565.050,2 for which he was sentenced to a term of fifteen...

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