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RODDEN v. STATE

No. 17096.

815 S.W.2d 483 (1991)

James Edward RODDEN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

September 16, 1991.

Attorney(s) appearing for the Case

Brad B. Baker, Columbia, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

MONTGOMERY, Judge.

Appellant was found guilty by a jury in the Circuit Court of Phelps County on June 28, 1984, of capital murder, § 565.001, RSMo 1978. Trial court sentenced appellant to serve a term of life imprisonment without the possibility of parole for fifty years. This court affirmed his conviction on direct appeal in State v. Rodden, 713 S.W.2d 279 (Mo.App.1986).

On July 1, 1988, appellant filed a

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