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GALLAGHER v. STATE

No. ED 85122.

164 S.W.3d 140 (2005)

Timothy C. GALLAGHER, Defendant/Movant, v. STATE of Missouri, Plaintiff/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 24, 2005.

Attorney(s) appearing for the Case

Lisa M. Stroup, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Alison K. Brown, Assistant Attorney General, Jefferson City, MO, for respondent.

Before LAWRENCE E. MOONEY, P.J. and LAWRENCE G. CRAHAN, J. and MARY K. HOFF, J.

ORDER

PER CURIAM.

Timothy C. Gallagher (Movant) appeals from the motion court's judgment denying his Rule 29.15 motion for post-conviction relief without an evidentiary hearing. A jury convicted Movant of one count of the class C felony of possession of a controlled substance, i.e., cocaine base, in violation of Section 195.202 RSMo 1994. The trial court sentenced Movant, as a prior offender, to four years' imprisonment in the Missouri Department of Corrections...

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