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COVEY v. MOORE

No. WD 57889.

72 S.W.3d 204 (2002)

Michael J. COVEY, Petitioner, v. Steven MOORE, Superintendent, Western Missouri Correctional Center, Respondent.

Missouri Court of Appeals, Western District.

April 2, 2002.

Attorney(s) appearing for the Case

Nancy A. McKerrow, Columbia, for petitioner.

Frank A. Jung, Jefferson City, for respondent.

Before JOSEPH M. ELLIS, Presiding Judge, PATRICIA A. BRECKENRIDGE, Judge and EDWIN H. SMITH, Judge.

JOSEPH M. ELLIS, Judge.

Michael J. Covey was charged in the Circuit Court of Mercer County with a Class D felony of passing a bad check, § 570.120, RSMo 1994, and a Class C felony of assault in the second degree, § 565.060, RSMo 1994. On September 10, 1997, Mr. Covey appeared before the Court and entered pleas of guilty to both charges.

At the plea hearing, the State recommended that the court sentence Mr. Covey to five years on each count, the sentences...

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