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STATE EX REL. TAYLOR v. MOORE

No. SC 85166.

136 S.W.3d 799 (2004)

STATE ex rel. Andre H. TAYLOR, Petitioner, v. Steven MOORE, Superintendent, Respondent.

Supreme Court of Missouri, En Banc.

June 22, 2004.

Attorney(s) appearing for the Case

Richard L. Gray, Shook, Hardy & Bacon, L.L.P., Kansas City, for petitioner.

Jeremiah W. (Jay) Nixon, Atty. General, Michael J. Spillane, Tamara D. Ader, Assistant Attorneys General, Jefferson City, for respondent.

DUANE BENTON, Judge.

Petitioner Andre Taylor seeks an original writ of habeas corpus. Mo. Const. art. V, sec. 4. He claims he was erroneously sentenced under section 217.362.1 Because he was prejudiced by an unlawful sentence, it is vacated; he may withdraw his plea, but is remanded to the custody of the department of corrections.

Andre Taylor pled guilty to three counts of first...

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