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EVANS v. STATE

No. 25866.

134 S.W.3d 725 (2004)

Gordon Dana EVANS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Petition for Rehearing and Transfer Denied May 14, 2004.

Application for Transfer Denied June 22, 2004.

Attorney(s) appearing for the Case

Kent Denzel, Assistant Public Defender, Columbia, MO, for movant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for respondent-respondent.

JAMES K. PREWITT, Judge.

Gordon Dana Evans ("Movant") appeals from the denial of his post-conviction motion filed under Rule 24.035. The history of this case is lengthy, and a synopsis of the prior history is beneficial to the analysis of Movant's one point in this appeal in which he contends that the motion court clearly erred in overruling his Rule 24.035 motion because he did not receive the benefit of his original plea agreement in that, within the re-sentencing...

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