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SOTO v. STATE

No. SC 88203.

226 S.W.3d 164 (2007)

Milton SOTO, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

June 26, 2007.

Attorney(s) appearing for the Case

Kimberly L. Cofman, Raymond R. Bolourtchi, Clayton, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Victor J. Melenbrink, Asst. Atty. Gen., Jefferson City, for Respondent.

PER CURIAM.

Milton Soto pleaded guilty to first-degree statutory sodomy in violation of section 566.062, RSMo 2000. He subsequently filed a post-conviction motion pursuant to Rule 24.035 contending there was an insufficient factual basis for his plea in that there was no evidence of penetration. The motion court denied relief. Soto appeals.1 Under the facts of this case, penetration was not an element of the offense. The judgment is affirmed...

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