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STATE v. NICHOLS

No. 27047.

207 S.W.3d 215 (2006)

STATE of Missouri, Plaintiff-Respondent, v. James M. NICHOLS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

December 4, 2006.

Attorney(s) appearing for the Case

Amy M. Bartholow, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Lisa M. Kennedy, Assistant Attorney General, Jefferson City, for Respondent.

PHILLIP R. GARRISON, Judge.

James M. Nichols ("Defendant") was convicted by a jury of committing first degree statutory sodomy, a violation of Section 566.062.1 He was sentenced to a term of thirty years in the department of corrections to run consecutive to a sentence he was already serving on a separate conviction. Defendant appeals his conviction, contending that the trial court erred in: (1) denying his motion to dismiss, because he...

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