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TONEY v. STATE

No. 52124.

730 S.W.2d 295 (1987)

Steven L. TONEY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

May 26, 1987.

Attorney(s) appearing for the Case

Ronnie Lee White, Holly G. Simons, St. Louis, for appellant.

William L. Webster, Atty. Gen., Carrie Francke, Sp. Asst. Atty. Gen., Jefferson City, for respondent.

CRIST, Judge.

Movant appeals the denial of his Rule 27.26 motion without an evidentiary hearing. The motion challenged his two life sentences which were imposed after movant was found guilty of rape and sodomy. This court affirmed the conviction on direct appeal. State v. Toney, 680 S.W.2d 268 (Mo.App. 1984). We reverse and remand.

In his Rule 27.26 motion, movant alleged: (1) he received ineffective assistance of...

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