BENNETT v. STATE

No. SC 84599.

88 S.W.3d 448 (2002)

David L. BENNETT, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 12, 2002.


Attorney(s) appearing for the Case

Emmett D. Queener, Assistant State Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Anne E. Edgington, Assistant Attorney General, Jefferson City, for Respondent.


PER CURIAM.1

David L. Bennett pleaded guilty to two counts of second-degree statutory rape and one count of incest. He was sentenced to imprisonment. He then filed this action pursuant to Rule 24.035. His attached in forma pauperis affidavit contained an incomplete indication of indigency. The motion court denied relief without appointing counsel. Because counsel should have been appointed, the judgment is reversed, and the case is remanded...

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