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BURNETT v. STATE

No. ED 92543.

311 S.W.3d 810 (2009)

Sherman BURNETT, Jr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 25, 2010.

Application for Transfer Denied June 29, 2010.

Attorney(s) appearing for the Case

Timothy J. Forneris, Assistant Public Defender, St. Louis, MO, for appellant.

Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for respondent.

PATRICIA L. COHEN, Judge.

Introduction

Sherman Burnett (Movant) appeals from the judgment of the Circuit Court of St. Louis County denying his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant asserts that the motion court clearly erred in denying his claims that: (1) the sentence imposed by the plea court violated the constitutional prohibition of "cruel and unusual punishment" and was arbitrary and capricious;...

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