FRAZIER v. STATE, 610 S.W.2d 658 (Mo.App.W.D. 1981)

WARREN FRAZIER, APPELLANT, v. STATE OF MISSOURI, RESPONDENT.

No. WD 31610.Missouri Court of Appeals, Western District.
March 2, 1981. Motion for Rehearing and/or Transfer to Supreme Court Denied March 30, 1981. Application to Transfer Denied May 11, 1981.

APPEAL FROM THE COUNTY COURT, JACKSON COUNTY, JAMES A. MOORE, J.

Peter N. Sterling, Acting Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for respondent.

Before WASSERSTROM, C.J., and SHANGLER, PRITCHARD, SWOFFORD, SOMERVILLE, CLARK and MANFORD, JJ.

PER CURIAM.

[1] Warren Frazier filed this 27.26 motion following his conviction for first degree murder and sentence to life imprisonment. His conviction was affirmed in State v. Frazier, 550 S.W.2d 590 (Mo.App. 1977). [2] The trial court denied the 27.26 motion and Frazier appeals. On this appeal Frazier contends that women were impermissibly excluded from his jury under the holding in Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979) and that he was denied effective assistance of counsel because

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his attorney failed to file a motion to quash the jury panel.

[3] Frazier was convicted in October, 1975. The two contentions on this appeal are identical to those raised and decided i Benson v. State, 611 S.W.2d 538 (1980). No purpose would be served by elaborating on the reasons heretofore given in Benson
for denying the contentions now raised on appeal by Frazier. [4] No error of law appears and an extended opinion would have no precedential value. Rule 84.16(b). The judgment is affirmed.