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CAROLLO v. STATE

No. 27848.

212 S.W.3d 244 (2007)

John CAROLLO, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District. Division One.

February 5, 2007.

Attorney(s) appearing for the Case

Mark A. Grothoff, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joshua N. Corman, Jefferson City, for respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

John Carollo ("Movant"), appeals the denial without an evidentiary hearing of his Rule 29.15 motion.1 He contends that he pled factual allegations, which, if proven, would warrant relief and which are not refuted by the record. Movant's claim concerning the effectiveness of his counsel involves the alleged failure to instruct the jury on the statutes requiring him to serve eighty-five percent of...

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