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McELHENY v. STATE

No. 23482.

29 S.W.3d 861 (2000)

John McELHENY, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

October 30, 2000.

Attorney(s) appearing for the Case

Mark A. Grothoff, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrea L. Mazza, Asst. Atty. Gen., Jefferson City, for respondent.

Before CROW, J., GARRISON, J., and BARNEY, C.J.

PER CURIAM.

John McElheny ("Movant") was charged with the class A felony of murder in the first degree. Following a jury trial, he was found guilty of murder in the second degree and sentenced to a term of life imprisonment. His conviction was affirmed on appeal in August 1998. Movant, thereafter, pursuant to Rule 29.151 filed a motion for post-conviction relief. The motion court denied relief, and Movant appeals. We reverse and remand...

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