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MAXEY v. STATE

No. 50838.

713 S.W.2d 567 (1986)

Robert D. MAXEY, Movant-Respondent, v. STATE of Missouri, Respondent-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

June 30, 1986.

Attorney(s) appearing for the Case

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for respondent-appellant.

David A. Warfield, St. Louis, for movant-respondent.

KELLY, Judge.

Appellant, the State of Missouri, appeals from the judgment of the Circuit Court of Washington County sustaining Movant-Respondent's motion for post-conviction relief under Rule 27.26. The motion court ordered movant's 1982 conviction for first degree assault, in violation of § 565.050 RSMo (1978), for which he is currently serving a fifteen (15) year sentence in the custody of the Missouri Department of Corrections, to be set aside. The court further...

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