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STATE v. CREAMER

No. WD 63334.

161 S.W.3d 420 (2005)

STATE of Missouri, Respondent, v. William C. CREAMER, Appellant.

Missouri Court of Appeals, Western District.

May 10, 2005.

Attorney(s) appearing for the Case

Ruth Sanders, Appellate Defender Office, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Deborah Daniels and Richard Starnes, Office of Attorney General, Jefferson City, for respondent.

RONALD R. HOLLIGER, Judge.

William Creamer appeals his conviction after jury trial of assault in the first-degree. He contends that the trial court plainly erred when it sua sponte set aside his previously accepted guilty plea to the reduced charge of second-degree assault based on statements he made in a presentencing investigation (PSI) report. We agree, reverse his conviction for the offense of first-degree assault, and remand

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