STATE v. DURBIN

Nos. 59171, 60640.

834 S.W.2d 837 (1992)

STATE of Missouri, Plaintiff-Respondent, v. Roger DURBIN, Defendant-Appellant. Roger DURBIN, Defendant-Movant, v. STATE of Missouri, Plaintiff-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

July 21, 1992.


Attorney(s) appearing for the Case

Emmett D. Queener, Columbia, for defendant-appellant.

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


KAROHL, Chief Judge.

After a jury trial defendant was sentenced to serve four years' imprisonment on the charge of sexual abuse in the first degree. Section 566.100 RSMo 1986. A motion court also denied defendant's post conviction motion pursuant to Rule 29.15 without an evidentiary hearing. We consider an appeal from the sentence and denial of post conviction relief.

Points I and III claim error requiring a new trial. If preserved, we would find these claims...

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