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931 S.W.2d 855

McCaston v. State

Missouri Court of Appeals

Decided August 20, 1996

Missouri Court of Appeals · decided 1996-08-20

Decided 1996-08-20

¶1ORDER

PER CURIAM.

¶2The grand jury charged defendant with first degree murder, first degree assault, attempt to commit forcible rape, and three counts of armed criminal action. Further, he was charged as a prior and persistent offender.

¶3In exchange for the State waiving the death penalty, defendant pled guilty to all six counts. Pursuant to the plea bargain, the trial court sentenced him to life imprisonment without the possibility of probation or parole and to five concurrent 30 year sentences.

¶4Defendant now appeals the denial of his Rule 24.035 motion. He contends the motion court erred in refusing to grant him an evi-dentiary hearing.

¶5No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

¶6The motion court’s findings of facts are not clearly erroneous. No error of law appears. The judgment is affirmed in accordance with Rule 84.16(b).

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