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STATE EX REL. NIXON v. SMITH

No. WD 69547.

280 S.W.3d 761 (2009)

STATE of Missouri, ex rel. Jeremiah W. NIXON, Missouri Attorney General, Appellant, v. Ronald SMITH, Respondent.

Missouri Court of Appeals, Western District.

April 7, 2009.

Attorney(s) appearing for the Case

Shaun J. Mackelprang and Paul Harper, Jefferson City, MO, for appellant.

F. Randall Waltz, III, Jefferson City, MO, for respondent.

Before JOSEPH P. DANDURAND, P.J., HAROLD L. LOWENSTEIN, and JAMES M. SMART, JR., JJ.

JAMES M. SMART, JR., Judge.

The State of Missouri, through the Attorney General, appeals the judgment granting Ronald Smith's motion to dismiss its petition under the Missouri Incarceration Reimbursement Act. The trial court determined that the Attorney General lacked good cause to file the petition because the State could not reasonably have believed that it could recover at least $3,000 from Smith within five years of...

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