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BROOKS v. STATE

No. SD 29628.

304 S.W.3d 764 (2010)

Jeremy M. BROOKS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 23, 2010.

Attorney(s) appearing for the Case

Kent Denzel, Assistant Public Defender, Columbia, MO, for Appellant.

Christ Koster, Attorney General, and James B. Farnsworth, Assistant Attorney General, Jefferson City, MO, for Respondent.

GARY W. LYNCH, Presiding Judge.

Jeremy M. Brooks ("Movant") appeals the motion court's denial of his pro se motion for post-conviction relief1 following an evidentiary hearing. Finding that the motion court failed to sua sponte determine whether Movant was abandoned by his post-conviction counsel after Movant's counsel failed to file an amended motion or statement in lieu thereof, as required by Rule 24.035(e),

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