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STATE v. MILLS

Nos. 17730, 18796.

872 S.W.2d 875 (1994)

STATE of Missouri, Plaintiff-Respondent, v. Kenneth MILLS, Defendant-Appellant. Kenneth MILLS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

March 24, 1994.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of the State Public Defender, Columbia, for defendant-movant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent-respondent.

SHRUM, Judge.

Kenneth Mills (the defendant) was convicted by a jury of attempted forcible rape (Count I), § 566.030, RSMo Supp.1991, and two counts of sodomy (Counts II and III), § 566.060, RSMo Supp.1991. He was sentenced to 10 years' imprisonment on each charge.1 In Case No. 17730 he appeals from the judgment imposing the sentences.

The defendant first avers that the trial...

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