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STATE v. VOGT

No. WD 70378.

304 S.W.3d 209 (2009)

STATE of Missouri, Respondent, v. Lane M. VOGT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 2, 2010.

Application for Transfer Denied March 23, 2010.

Attorney(s) appearing for the Case

Kent E. Gipson, for Appellant.

Shaun J. Mackelprang, for Respondent.

Before Division Two: JOSEPH M. ELLIS, Presiding Judge, VICTOR C. HOWARD, Judge and CINDY MARTIN, Judge.

VICTOR C. HOWARD, Judge.

Lane Vogt appeals the denial of his Rule 29.07(d) motion to withdraw his guilty plea. On appeal, Vogt claims that the trial court erred in denying his motion because: (1) his continued incarceration constitutes a manifest injustice in that his convictions were secured in violation of his Fourth Amendment rights; and (2) his trial counsel's failure to advise him of a Fourth Amendment defense rendered...

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