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RUSSELL v. STATE

No. ED 75375.

3 S.W.3d 380 (1999)

James RUSSELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 14, 1999.

Attorney(s) appearing for the Case

S. Paige Canfield, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Kenneth P. Ferguson, Asst. Atty. Gen., Jefferson City, for respondent.

Before GARY M. GAERTNER, P.J., PAUL J. SIMON, J., and JAMES R. DOWD, J.

GARY M. GAERTNER, Presiding Judge.

Appellant, James Russell ("movant"), appeals the judgment of the Circuit Court of Cape Girardeau County wherein it denied his Rule 24.035 motion without an evidentiary hearing. We reverse and remand.

On September 2, 1997, movant entered his plea of guilty to three counts of forgery, RSMo section 570.090,1 one count of misdemeanor trespass, RSMo section 569.140, one count of misdemeanor stealing...

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