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  5. 923 S.W.2d 929 (1996)
 

STATE v. GRAY

Nos. 18861, 20177.

923 S.W.2d 929 (1996)

STATE of Missouri, Respondent, v. Gregory J. GRAY, Appellant. Gregory J. GRAY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 16, 1996.

Attorney(s) appearing for the Case

Emmett D. Queener, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Kurt V. Schaefer, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

A jury found Appellant, Gregory J. Gray, guilty of an attempt to commit forcible rape, § 566.030, RSMo Cum.Supp.1991.1 The trial court, having found Appellant a persistent sexual offender, § 558.018, RSMo Cum.Supp. 1991,2 sentenced him to seventy years' imprisonment. Appellant brings appeal 18861 from that judgment.

While that appeal was pending, Appellant filed a motion to vacate...

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