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STATE v. KENDUS

Nos. 19205, 19759.

904 S.W.2d 41 (1995)

STATE of Missouri, Plaintiff-Respondent, v. John KENDUS, Defendant-Appellant. John KENDUS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied July 3, 1995.

Application to Transfer Denied September 19, 1995.

Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for defendant-movant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent-respondent.

SHRUM, Chief Judge.

The trial court convicted John Kendus (Defendant) of attempted sodomy, § 566.060, RSMo Supp.1990, and § 564.011, RSMo 1986, and sentenced him to five years' imprisonment. Later, he filed a timely motion for postconviction relief pursuant to Rule 29.15. Appointed counsel filed an amended motion. Relief was denied after an evidentiary hearing.

In No. 19205, Defendant appeals the judgment...

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