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Smith v. State

Court of Appeals of Missouri, Eastern District, Second Division

February 3, 2015

CHARLES SMITH, Movant/Appellant,
v.
STATE OF MISSOURI, Respondent/Respondent

Appeal from the Circuit Court of the City of St. Louis. Honorable John F. Garvey.

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

Andrew C. Hooper, Jefferson City, MO, For Respondent/Respondent.

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

ORDER

Per Curiam.

Charles Smith appeals from the judgment of the motion court denying his Rule 24.035[1] motion for post-conviction relief without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the motion

Page 863

court's findings and conclusions are not clearly erroneous. Brooks v. State, 242 S.W.3d 705, 708 (Mo.banc 2008). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties ...


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