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Jones v. State

Court of Appeals of Missouri, Eastern District, Second Division

August 26, 2014

WAYNE JONES, Movant/Appellant,
v.
STATE OF MISSOURI, Respondent/Respondent

Appeal from the Circuit Court of the City of St. Louis. Honorable Margaret M. Neill.

For Movant/Appellant: Andrew E. Zleit, St. Louis, MO.

For Respondent/Respondent: Shaun J. Mackelprang, Jefferson City, MO.

Before Sherri B. Sullivan, P.J., Mary K. Hoff, J., and Philip M. Hess, J.

OPINION

Per Curiam.

ORDER

Wayne Jones (Appellant) appeals from the motion court's judgment denying his motion for post-conviction relief under

Page 298

Rule 29.15[1] without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the findings and conclusions of the motion court are not clearly erroneous. Rule 29.15(k); Burston v. State, 343 S.W.3d 691, 693 (Mo.App. E.D. 2011). Appellant was not entitled to an evidentiary hearing because he did not plead facts, unrefuted by the record, warranting relief. Webb v. State, 334 S.W.3d 126, 128 (Mo.banc 2011). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Civil Procedure 84.16(b).


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