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281 S.W.3d 930

Davis v. State

Missouri Court of Appeals

Decided May 5, 2009

Missouri Court of Appeals · decided 2009-05-05

Decided 2009-05-05

¶1 ORDER

PER CURIAM.

¶2 Raymond Davis appeals from the denial of his motion for post-conviction relief under Rule 24.035. Davis sought to set aside his guilty pleas and convictions for possession of a controlled substance, pursuant to Section 195.211(2), 2 and two counts of possession of a controlled substance with intent to distribute, pursuant to Section 195.211(1), for which he was sentenced to a term of five years for possession and a term of eight years for each count of possession with intent to distribute, the sentences to run concurrently. Davis raises a double jeopardy claim and, second, asserts that, because of a defective indictment, his plea was not made voluntarily.

¶3 In that Davis was granted an evidentia-ry hearing but declined to present any evidence, the trial court did not clearly err in denying Davis Rule 24.035 motion. A published opinion would serve no prece-dential purpose. The parties have been provided a memorandum of the court’s reasoning. Judgment affirmed. Rule 84.16(b).

2

¶4 . All statutory references are to RSMo 2000 unless otherwise specified.

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