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ALLEN v. STATE

No. WD 59015.

50 S.W.3d 323 (2001)

Bobby G. ALLEN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 10, 2001.

Attorney(s) appearing for the Case

Sarah N. Weber, Asst. Public Defender, Kansas City, for appellant.

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

Before THOMAS H. NEWTON, P.J., JOSEPH M. ELLIS, J. and RONALD R. HOLLIGER, J.

NEWTON, Judge.

Factual and Procedural Background

This is an appeal from the denial of Mr. Bobby G. Allen's postconviction motion without an evidentiary hearing. Mr. Allen had been convicted of two counts of stealing, and the factual circumstances were as follows.

Mr. Monty Martin was working as a loss prevention officer at The Jones Store in December 1995, when he observed Mr. Allen remove four trench coats from a display rack. Mr. Martin radioed...

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