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DOUGAN v. STATE

No. SC 85274.

118 S.W.3d 593 (2003)

Mark E. DOUGAN, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 4, 2003.

Attorney(s) appearing for the Case

Mark A. Grothoff, Office of the Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. General, Evan J. Buchheim, Shaun J. Mackelprang, Asst. Attorneys General, Jefferson City, for Respondent.

RICHARD B. TEITELMAN, Judge.

Mark Dougan appeals the motion court's dismissal of his Rule 29.15 motion for post-conviction relief. Although he was convicted of a felony, Dougan was not sentenced to incarceration and has not been in the custody of the department of corrections. The motion court dismissed the Rule 29.15 motion because Dougan "has never been incarcerated...."

Dougan met the requirements of Rule 29.15 because he was convicted of a felony after...

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