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STARRY v. STATE

No. WD 71557.

318 S.W.3d 780 (2010)

Bernice M. STARRY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

August 31, 2010.

Attorney(s) appearing for the Case

Craig A. Johnston , Columbia, MO, for appellant.

Shaun J. Mackelprang and Dora A. Fichter , Jefferson City, MO, for respondent.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, THOMAS H. NEWTON, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Bernice Starry appeals the judgment order denying her Rule 24.0351 motion after her probation was revoked and she was remanded to the custody of the Missouri Department of Corrections. We reverse and remand.

Factual Background

On October 22, 2001, Starry pled guilty in Miller County Circuit Court to the class C felony of possession of a controlled substance (more than thirty five grams of marijuana...

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