REBSTOCK v. STATE

No. SD 29856.

315 S.W.3d 371 (2010)

Richard REBSTOCK, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied March 16, 2010.


Attorney(s) appearing for the Case

Kent Denzel, Columbia, for appellant.

Chris Koster, Atty. Gen. and Jamie Pamela Rasmussen, Asst. Atty. Gen., Jefferson City, for respondent.


ROBERT S. BARNEY, Judge.

Richard Rebstock ("Movant") appeals the motion court's denial following an evidentiary hearing of his postconviction motion filed pursuant to Rule 24.035.1 He asserts three points of motion court error. Point III is dispositive. We reverse and remand.

Movant was charged with one count of the class B felony of child molestation in the first degree, a violation of section 566.067, for subjecting his victim...

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