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BIRD v. STATE

No. 75738.

999 S.W.2d 731 (1999)

Benjamin BIRD, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

August 3, 1999.

Attorney(s) appearing for the Case

Gwenda R. Robinson, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Barbara K. Chesser, Asst. Atty. Gen., Jefferson City, for respondent.

LAWRENCE G. CRAHAN, Judge.

Movant, Benjamin Bird, appeals from the motion court's order dismissing his Rule 29.15 motion for post-conviction relief. The motion court found that Movant's Rule 29.15 motion was prematurely filed because his direct appeal was still pending. Movant concedes the motion was filed early but argues this is not grounds for dismissal of his motion. The State agrees and joins with Movant to request the matter be reversed and remanded to the trial...

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