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HICKS v. STATE

No. 17612.

824 S.W.2d 132 (1992)

Gregory Wayne HICKS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied February 20, 1992.

Application to Transfer Denied March 24, 1992.

Attorney(s) appearing for the Case

Robert L. Fleming, Columbia, for movant-appellant.

William L. Webster, Atty. Gen., Robert A. Kelly, Asst. Atty. Gen., Jefferson City, for respondent-respondent.

Motion for Rehearing or Transfer to Supreme Court Denied February 20, 1992.

SHRUM, Presiding Judge.

The movant Gregory Wayne Hicks appeals the denial of his Rule 24.035 motion following an evidentiary hearing. The state has filed a motion to dismiss the appeal based on the "escape rule."

ISSUE

At issue is whether it is appropriate to invoke the escape rule and dismiss the movant's appeal where the movant knowingly violated the terms of his...

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