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PRESTON v. STATE

No. WD 57471.

33 S.W.3d 574 (2000)

Allen PRESTON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 5, 2000.

Application for Transfer Denied January 23, 2001.

Attorney(s) appearing for the Case

Rose M. Wibbenmeyer, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Beth S. Riggert, Asst. Atty. Gen., Jefferson City, for respondent.

Before EDWIN H. SMITH, P.J., and LOWENSTEIN and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 5, 2000.

EDWIN H. SMITH, Presiding Judge.

Allen Preston appeals the order of the circuit court dismissing without prejudice, for a lack of jurisdiction, his § 552.0401 application for conditional release from the custody of the Missouri Department of Mental Health (DMH). He also appeals the dismissal of his oral application to remove and replace his guardian...

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