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DOWNER v. STATE

No. ED 105451.

540 S.W.3d 1 (2018)

Percy L. DOWNER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Filed: February 13, 2018.

Attorney(s) appearing for the Case

FOR APPELLANT: Maleaner R. Harvey , Missouri Public Defender's Office, 1010 Market Street, Suite 1100, St. Louis, Missouri 63101.

FOR RESPONDENT: Mary H. Moore , Assistant Attorney General, PO Box 899, Jefferson City, Missouri 65102.

Before Lisa P. Page, P.J., Roy L. Richter, J. and Philip M. Hess, J.

ORDER

PER CURIAM

Percy Downer appeals the denial of his Rule 24.035 motion for postconviction relief without an evidentiary hearing. Downer claims the motion court erred in denying his Rule 24.035 motion because plea counsel was ineffective for failing to file a motion to dismiss two of the three assault charges against him based on the double jeopardy clause. He similarly claims the plea court violated his right to be free...

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