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STATE EX REL. SIMMONS v. WHITE

No. 75839.

866 S.W.2d 443 (1993)

STATE ex rel. Michael D. SIMMONS, Petitioner, v. Carl WHITE, Supt., A.C.C., Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 21, 1993.

Attorney(s) appearing for the Case

James Lowery, Columbia, for petitioner.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Simon, Asst. Atty. Gen., Jefferson City, for respondent.

ORIGINAL PROCEEDING IN HABEAS CORPUS

PRICE, Judge.

Petitioner Michael D. Simmons obtained a writ of habeas corpus from this Court on June 29, 1993, solely for the purpose of reviewing his sentencing as a persistent offender under § 577.023.1(2), RSMo 1986.1 Simmons alleges that the trial court violated his right to be free from double jeopardy by setting aside a judgment and sentence entered upon a guilty plea, by...

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