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STATE EX REL. JOHNSTON v. BERKEMEYER

No. ED 86191.

165 S.W.3d 222 (2005)

STATE of Missouri ex rel., Matthew JOHNSTON, Relator, v. Honorable John B. BERKEMEYER, Judge of Gasconade County, Respondent.

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

June 21, 2005.

Attorney(s) appearing for the Case

Steven R. White, Purschke & White, L.L.C., Union, MO, for Relator.

Mary E. Weston, Assistant Prosecuting Attorney, Hermann, MO, for Respondent.

OPINION

MARY K. HOFF, Presiding Judge.

Matthew Johnston (Relator) filed a Petition for Writ of Prohibition. This Court granted a preliminary order in prohibition. The trial court, Honorable John B. Berkemeyer (Respondent), filed an answer to the preliminary order in prohibition. In accordance with Rule 84.24, the court dispenses with further briefing and oral argument. The preliminary order is made absolute.

On February 11, 2004, Relator pled guilty...

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