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AZBELL v. STATE

No. 26024.

144 S.W.3d 863 (2004)

Lawrence AZBELL, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

September 24, 2004.

Attorney(s) appearing for the Case

Craig A. Johnston, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa M. Kennedy, Assistant Attorney General, Jefferson City, MO, for respondent.

JAMES K. PREWITT, Judge.

In July 2002, Lawrence Azbell ("Movant") was charged by information with forcible rape, in violation of § 566.030, RSMo 2000, and forcible sodomy, in violation of § 566.060, stemming from an incident in which he entered T.A.'s apartment, first threatening harm to her boyfriend and one-month-old baby if she did not perform oral sex on him, and then having sexual intercourse with T.A. without her consent. On August 26, 2002, Movant...

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