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MITCHELL v. STATE

No. ED 86401.

192 S.W.3d 507 (2006)

Theodore MITCHELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 23, 2006.

Attorney(s) appearing for the Case

N. Scott Rosenblum, Mark W. Lyons, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Shaun J. Mackelprang, Cecily L. Daller, Jefferson City, MO, for respondent.

NANNETTE A. BAKER, Presiding Judge.

Theodore Mitchell ("Movant") appeals from the motion court's order denying his Rule 24.0351 motion for post-conviction relief without an evidentiary hearing. We reverse and remand.

On November 12, 2002, Movant pled guilty to first-degree statutory sodomy, in violation of Section 566.062,2 by engaging in deviant sexual intercourse with M.W., a minor under the age of...

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