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DeCLUE v. STATE

No. ED 75446.

3 S.W.3d 395 (1999)

Richard DeCLUE, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

October 5, 1999.

Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Atty. Gen., Karen Pope Butler, Asst. Atty. Gen., Jefferson City, for respondent.

MARY K. HOFF, Judge.

Richard DeClue (Movant) appeals from the motion court's judgment denying his Rule 24.035 post-conviction relief motion after an evidentiary hearing. State now concedes there was an insufficient factual basis for Movant's guilty plea to the felony resisting arrest charge. We reverse and remand for the court to vacate and set aside Movant's conviction for felony resisting arrest due to the insufficient factual basis for the plea.

Movant...

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