PRUNEAU v. STATE

No. 60303.

825 S.W.2d 54 (1992)

Michael R. PRUNEAU, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

February 25, 1992.


Attorney(s) appearing for the Case

Robert L. Fleming, Columbia, for appellant.

William L. Webster, Atty. Gen., Rudolph R. Rhodes, IV, Asst. Atty. Gen., Jefferson City, for respondent.


GARY M. GAERTNER, Judge.

Appellant, Michael R. Pruneau, appeals the denial of his Rule 24.035 motion without an evidentiary hearing, in the Circuit Court of Ste. Genevieve County, Missouri. We reverse and remand.

On November 17, 1989, appellant had sexual intercourse with a fourteen year old girl, to whom he was not married. On August 14, 1990, appellant waived a preliminary hearing and was charged by information with first degree sexual assault, RSMo §...

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