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POOL v. STATE

No. 15145.

743 S.W.2d 104 (1988)

Frank K. POOL, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

January 8, 1988.

Attorney(s) appearing for the Case

Susan L. Hogan, Columbia, for movant-appellant.

William L. Webster, Atty. Gen., Robert V. Franson, Asst. Atty. Gen., Jefferson City, for respondent.

FLANIGAN, Judge.

Movant Frank Pool appeals from a denial, without evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for first degree murder, (§ 565.003 RSMo 1978). The conviction was based on a plea of guilty. Later movant filed a Rule 27.26 motion, ("the first motion"), which was denied after evidentiary hearing. Denial of that motion was affirmed by this court. Pool v. State,

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