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507 S.W.2d 428

McCullough v. State

Missouri Court of Appeals

Decided March 14, 1974

Missouri Court of Appeals · decided 1974-03-14

Relies on State v. McCullough · Scroggins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-14

How this case has been cited

Cited by 12 later decisions — most recently April 1990

12 state decisions

70197419801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This is the second appeal by appellant from the denial by the Circuit Court of Phelps County of his post-conviction motion [Rule 27.26, V.A.M.R.] to vacate the three year sentence he is serving for possession of mescaline. We affirm.

¶2In the original appeal from the judgment of the trial court denying relief [State v. McCullough, 493 S.W.2d 353 (Mo.App.1973)] we reversed and remanded because of the failure of the lower court to make the required findings of fact and conclusions of law. Rule 27.26 (i).

¶3On remand the trial court conducted a further evidentiary hearing on appellant’s charge of non-compliance by the sentencing judge of Rule 25.04, V.A.M.R., and that his plea of guilty was involuntary and coerced. The court made and entered findings of fact and conclusions of law adversely to appellant’s contentions and again denied relief.

¶4We have reviewed the transcript and briefs of the parties and conclude the findings, conclusions and judgment of the trial court are not clearly erroneous. Scroggins v. State, 499 S.W.2d 818 (Mo.App.1973). No error of law appears and an opinion would have no precedential value.

¶5Judgment affirmed under Rule 84.16, V. A.M.R.

All concur.
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