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STATE EX REL. HEBERLIE v. MARTINEZ

No. ED 83937.

128 S.W.3d 616 (2004)

STATE of Missouri ex rel. Christopher W. HEBERLIE, Relator, v. The Honorable Sandra MARTINEZ, Judge of the Circuit Court of St. Francois County, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division Six.

February 24, 2004.

Attorney(s) appearing for the Case

Timothy W. Inman, Ste. Genevieve, MO, for appellant.

Carl Dietrich Kinsky, Ste. Genevieve, MO, for relator.

BOOKER T. SHAW, Presiding Judge.

On December 30, 2003, Christopher W. Heberlie ("Relator") filed a petition for writ of prohibition ("Petition") to prohibit the Honorable Sandra Martinez ("Respondent") from conducting a probation revocation hearing scheduled for January 6, 2004 in the underlying case, Cause No. CR994-11FX. Relator asserts that the trial court does not have jurisdiction to revoke his probation. A preliminary order was issued on December 31, 2003, wherein...

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