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WHITE v. STATE

No. 71347.

779 S.W.2d 571 (1989)

Terry Edward WHITE, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 12, 1989.

Attorney(s) appearing for the Case

J. Christopher Spangler, Robert G. Russell, Frank A. Rodman, Sedalia, for appellant.

William L. Webster, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, for respondent.

BLACKMAR, Chief Justice.

On May 9, 1986 the defendant pleaded guilty to three counts of Class B rape in the Circuit Court of Clay County and was sentenced to 12 years in the penitentiary.

On December 19, 1988 he filed an application pursuant to Rule 24.035, Mo.R. Crim.P., stating that at the time of his guilty plea he was suffering from a brain tumor which made him unable to regulate or control his sexual conduct...

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