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ALLEN v. STATE

No. 27699.

219 S.W.3d 273 (2007)

Larry ALLEN, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

April 5, 2007.

Attorney(s) appearing for the Case

Gwenda R. Robinson, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Assistant Attorney General, Jefferson City, for respondent.

PHILLIP R. GARRISON, Judge.

Larry Allen ("Movant") appeals from the denial of his Rule 24.0351 motion to vacate his sentence upon a guilty plea. He contends the motion court clearly erred in denying his motion, because the sentencing court (1) exceeded its jurisdiction in rescinding its order for a 120-day progress report; and (2) violated Rule 24.02(d)(4) by not allowing Movant to withdraw his guilty plea. Movant also maintains that the...

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