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TOTEN v. STATE

No. SD 28598.

295 S.W.3d 896 (2009)

James A. TOTEN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

October 30, 2009.

Attorney(s) appearing for the Case

Mark A. Grothoff, Columbia, for Appellant.

Chris Koster, Atty. Gen., Shaun J. Mackelprang, Jefferson City, for Respondent.

ROBERT S. BARNEY, Judge.

Appellant James Alvin Toten ("Movant") appeals the motion court's denial following an evidentiary hearing of his "Amended Motion to Vacate, Set Aside or Correct the Judgment or Sentence" filed pursuant to Rule 29.15.1 In his sole point relied on, Movant asserts the motion court clearly erred in denying his request for postconviction relief in that his appellate counsel failed to raise in his direct appeal the claim...

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