Opinion
No. 72633.
ORDER FILED: May 12, 1998. Motion for Rehearing and/or Transfer to Supreme Court Denied July 8, 1998. Application for Transfer Denied August 25, 1998.
APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY, HONORABLE PHILIP J. SWEENEY.
Dave Hemingway, Asst. Sp. Public Defender, St. Louis, for appellant.
Jeremiah W. (Jay) Nixon, Atty. Gen., Gregory L. Barnes, Asst. Atty. Gen., Jefferson City, for respondent.
Before: Lawrence G. Crahan, C.J., Richard B. Teitelman, J., and Robert E. Crist, Sr. J.
ORDER
Joseph H. Smith, Movant, appeals from the judgment denying his Rule 24.035 motion for postconviction relief without an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal, and we find that the motion court's judgment is based upon findings of fact and conclusions of law which are not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b).