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FENTON v. STATE

No. WD 65502.

200 S.W.3d 136 (2006)

Emmitte Lyle FENTON, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 2006.

Application for Transfer Denied September 26, 2006.

Attorney(s) appearing for the Case

Gary E. Brotherton, Columbia, MO, for Appellant.

Shaun J. Mackelprang, Jefferson City, MO, for Respondent.

Before LOWENSTEIN, P.J., ELLIS and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 2006.

HAROLD L. LOWENSTEIN, Judge.

This appeal arises from the denial of a motion to reopen a post-conviction motion for relief previously denied under Rule 27.26 (repealed).

FACTS

Emmitte Lyle Fenton, the appellant, is currently serving a life sentence in prison after being found guilty of the class A felony of rape in 1981. In State v. Fenton,

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