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STATE v. COURTNEY

No. 28669.

258 S.W.3d 117 (2008)

STATE of Missouri, Plaintiff-Respondent, v. Michael C. COURTNEY, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 28, 2008.

Attorney(s) appearing for the Case

Irene Karns, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen. and Cory Lee Atkins, Assistant Attorney General, Jefferson City, MO, for respondent.

GARY W. LYNCH, Chief Judge.

Michael C. Courtney, Jr. ("Defendant") was charged with, tried by a jury for, and convicted of forcible rape in violation of section 566.030.1 He appeals claiming, among other things, that the trial court erroneously overruled his hearsay objection to testimony related to a cell phone call, which prejudiced him. We agree, reverse the judgment of conviction, and remand for a new trial.

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