STATE EX REL. WHITTAKER v. WEBBER

No. 42639.

605 S.W.2d 179 (1980)

STATE of Missouri ex rel. John Allen WHITTAKER, Relator, v. The Hon. E. Richard WEBBER, Special Judge of the Circuit Court of Marion County, Missouri, District II, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

August 26, 1980.


Attorney(s) appearing for the Case

Fredrich J. Cruse, Public Defender; Tenth Judicial Circuit; Hannibal, for relator.

John Lyng, Pros. Atty.; Tenth Judicial Circuit; Hannibal, for respondent.


LACKLAND H. BLOOM, Special Judge.

Relator seeks to prohibit respondent, Special Judge of the Marion County Circuit Court from utilizing a presentence report prepared for his consideration by the Division of Probation and Parole before imposing sentence on relator following his pleas of guilty to a felony charge. Relator states that the report contains information disclosing the prior juvenile record of relator, that the record was not obtained pursuant to court order...

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