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SMITH v. STATE

No. ED 89965.

251 S.W.3d 387 (2008)

Danny SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

April 29, 2008.

Attorney(s) appearing for the Case

Leah Wommack Askey, Troy, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jaime Pamela Rasmussen, Jefferson City, MO, for respondent.

Before ROY L. RICHTER, P.J., CLIFFORD H. AHRENS, J., and GLENN A. NORTON, J.

ORDER

PER CURIAM.

Daniel C. Smith ("movant") appeals the judgment of the motion court denying his request for post-conviction relief pursuant to Missouri Supreme Court Rule 24.035 after an evidentiary hearing. Movant argues the court clearly erred in denying his request for relief because counsel was ineffective, the trial court failed to sua sponte request a psychiatric exam, and he was sentenced in excess of the statutory maximum.

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