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SPENCER v. STATE

No. 15953.

776 S.W.2d 428 (1989)

Troy Lynn SPENCER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

August 29, 1989.

Attorney(s) appearing for the Case

Melinda K. Pendergraph, Columbia, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

CROW, Presiding Judge.

This is an appeal by Troy Lynn Spencer ("appellant") from a judgment denying his first amended motion under Rule 27.26, Missouri Rules of Criminal Procedure (18th ed. 1987),1 to vacate his conviction and 15year prison sentence for the class B felony of sodomy, § 566.060, RSMo Cum.Supp. 1984. The conviction resulted from appellant's plea of guilty.

In denying relief the circuit court ("the motion court...

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