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MATTHEWS v. STATE

No. ED 82156.

123 S.W.3d 307 (2003)

Donald MATTHEWS, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

December 23, 2003.

Attorney(s) appearing for the Case

S. Kristina Starke, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., and Leslie McNamara, Jefferson City, MO, for respondent.

WILLIAM H. CRANDALL, JR., Judge.

Movant, Donald Matthews, appeals from the judgment denying his Rule 24.035 motion after an evidentiary hearing. We vacate the sentence and remand for resentencing.

Movant was indicted for committing the class C felony of stealing, third offense. The indictment alleged that on January 31, 2000, movant appropriated thirteen t-shirts from a hotel. The indictment further states that on May 3, 1999, movant had pleaded guilty to...

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