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FAINTER v. STATE

No. WD 65021.

174 S.W.3d 718 (2005)

Troy B. FAINTER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

November 1, 2005.

Attorney(s) appearing for the Case

Melinda Kay Pendergraph, State Public Defender Office, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Shaun Mackelprang, Office of Attorney General, Jefferson City, for Respondent.

PAUL M. SPINDEN, Presiding Judge.

Troy B. Fainter appeals the circuit court's judgment to deny his Rule 24.035 motion without an evidentiary hearing. Fainter pleaded guilty to a Class D felony1 of stealing a riding lawn mower. He contends that the guilty plea record failed to establish a sufficient factual basis for felony stealing because a riding lawn mower was not a motor vehicle under Section 570.030.3(3)(a), RSMo 2000. We agree and...

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