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LEATHERWOOD v. STATE

No. 19762.

898 S.W.2d 109 (1995)

Michael LEATHERWOOD, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

April 25, 1995.

Attorney(s) appearing for the Case

Ellen H. Flottman, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

Michael Leatherwood ("Defendant") appeals from an order dismissing his motion for postconviction relief under Rule 24.035.1

Pursuant to a plea agreement, Defendant pled guilty to assault in the first degree. § 565.050, RSMo 1986. The prosecutor recited the agreement to the plea court:

"[I] agreed to recommend a 10-year sentence and that the Court exercise its discretion and release him on supervised probation...

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