STATE v. GABBARD

Nos. 63822, 67977.

913 S.W.2d 362 (1996)

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

Missouri Court of Appeals, Eastern District, Division Two.

January 9, 1996.


Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Kocot, Asst. Atty. Gen., Jefferson City, for respondent.


DOWD, Judge.

Defendant appeals from the judgment of conviction, after a jury trial, for first degree sexual abuse, § 566.100, RSMo Supp.1990. The jury recommended a three-year sentence and the court sentenced Defendant accordingly. Defendant also appeals the denial of his Rule 29.15 motion without an evidentiary hearing. In this consolidated appeal, we affirm the judgment of conviction and reverse and remand as to the Rule 29.15 motion.

Defendant does...

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