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DIECKHOFF v. STATE

No. WD 63163.

138 S.W.3d 160 (2004)

Gary DIECKHOFF, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

July 13, 2004.

Attorney(s) appearing for the Case

Susan Lynn Hogan, Appellate Defender Office, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Deborah Daniels and Leslie McNamara, Office of Attorney General, Jefferson City, for respondent.

RONALD R. HOLLIGER, Judge.

Gary Dieckhoff entered a plea of guilty and was convicted of two counts of statutory sodomy in the first degree, Section 566.062, RSMo., for having deviate sexual intercourse with a minor. He now appeals the denial of his Rule 24.035 motion without an evidentiary hearing. Because there is no judgment in conformance with Rule 74.01, the appeal is dismissed.

A motion under Rule 24.035 is a civil proceeding. Subsection (j) requires...

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