GESS v. STATE

No. ED 90632.

266 S.W.3d 334 (2008)

Clarence GESS, Movant/Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

October 14, 2008.


Attorney(s) appearing for the Case

Jo Ann Rotermund, Assistant Public Defender, St. Louis, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Assistant Attorney General, Jefferson City, MO, for Respondent.

Before BOOKER T. SHAW, P.J., and KATHIANNE KNAUP CRANE, J., and MARY K. HOFF, J.


ORDER

PER CURIAM.

Clarence Gess (Movant) appeals from the denial of a motion to vacate judgment and sentence without an evidentiary hearing under Rule 24.035. The conviction sought to be vacated was for drug trafficking in the second degree, Section 195.223, RSMo 2000,1 for which Movant was sentenced as a prior and persistent offender to thirteen years imprisonment. On appeal Movant argues the motion court erred in denying his...

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