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STROUD v. STATE

No. 73799.

978 S.W.2d 785 (1998)

Vernon STROUD, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 6, 1998.

Attorney(s) appearing for the Case

Nancy L. Vincent, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Meghan J. Stephens, Jefferson City, for respondent.

MOONEY, Judge.

Vernon Stroud (Movant) appeals from the judgment of the motion court dismissing his Rule 29.15 motion without prejudice for failure to prosecute. We reverse and remand.

After trial, a jury convicted Movant of three counts of sodomy, section 566.060, RSMo 1986, and one count of first degree sexual abuse, section 566.100. Movant filed a notice of appeal, but his direct appeal was dismissed on September 1, 1994. Movant filed a motion to recall...

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