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EMERICK v. STATE

No. 26848.

172 S.W.3d 867 (2005)

Michael Wayne EMERICK, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied September 15, 2005.

Application for Transfer Denied November 1, 2005.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. MacKelprang, Asst. Atty. Gen., Jefferson City, for Respondent.

ROBERT S. BARNEY, Judge.

Appellant Michael W. Emerick ("Movant") appeals from the motion court's denial of his amended motion to vacate, set aside or correct judgment and sentence filed pursuant to Rule 24.035.1 In his sole point on appeal, Movant maintains the motion court erred in denying his 24.035 motion because his five-year sentence for the Class D felony of endangering the welfare of a child was beyond the maximum prescribed by...

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