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MITCHELL v. STATE

No. ED 92435.

292 S.W.3d 929 (2009)

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

Missouri Court of Appeals, Eastern District, Division Two.

September 29, 2009.

Attorney(s) appearing for the Case

Timothy J. Forneris, St. Louis, MO, for appellant.

Chris Koster, Attorney General, Terrence M. Messonnier, Asst. Attorney General, Jefferson City, MO, for respondent.

Before SHERRI B. SULLIVAN, P.J. and ROBERT G. DOWD, JR. and PATRICIA L. COHEN, JJ.

ORDER

PER CURIAM.

Kenneth Mitchell ("Movant") appeals from the denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. Movant contends the motion court clearly erred in denying his motion because the sentencing court's refusal to release Movant on probation after 120 days pursuant to Section 559.115, RSMo Cum.Supp.2007, without holding a hearing, violated his right to due process of law and the sentencing court's subsequent...

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