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296 S.W.3d 449 (2009)
STATE of Missouri, Respondent,
Billy Eugene LAY, Appellant.
No. WD 70328.
Missouri Court of Appeals, Western District.
August 4, 2009.
Motion for Rehearing and/or Transfer to Supreme Court Denied September 1, 2009.
Application for Transfer Denied October 27, 2009.
Richard K. Wilson, Esq., Kansas City, MO, for appellant.
Shaun J. Mackelprang, Esq., Jefferson City, MO, for respondent.
*450 Before: SPINDEN, P.J., JAMES M. SMART, JR., and GARY D. WITT, JJ.
JAMES M. SMART, JR., Judge.
Billy Eugene Lay appeals the Circuit Court of Platte County's denial of his Rule 29.15 motion for post-conviction relief. He was convicted in a jury trial of first degree murder, § 565.020; armed criminal action, § 571.015; and assault in the first degree, § 565.050, for the September 11, 2001 murder of John Pratt. On direct appeal, this court affirmed the trial court's judgment. State v. Lay, 159 S.W 0b46394aab