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JOHNSON v. STATE

No. WD 52836.

941 S.W.2d 827 (1997)

Richard E. JOHNSON, Jr., Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

April 1, 1997.

Attorney(s) appearing for the Case

David L. Simpson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before ULRICH, C.J., P.J., and BERREY and EDWIN H. SMITH, JJ.

BERREY, Judge.

Richard E. Johnson, Jr. appeals from the denial of his Rule 24.035 motion for postconviction relief without an evidentiary hearing. Following a change of venue from Pettis County, appellant was charged by information as a prior and persistent offender with twelve counts of rape in violation of § 566.030.3, RSMo Supp.1993 in the Circuit Court of Randolph County. Appellant's minor daughter was the alleged victim in each of the rape counts.

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