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BORST v. STATE

No. WD 71321.

337 S.W.3d 95 (2011)

Christopher P. BORST, Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 2011.

Application for Transfer Denied May 31, 2011.

Attorney(s) appearing for the Case

Shaun J. Mackelprang , and Terrence M. Messonnier , Jefferson City, MO, for appellant.

John P. O'Connor and Michael L. Belancio , Kansas City, MO, for respondent.

Before Division Four: LISA WHITE HARDWICK, C.J., Presiding, GARY D. WITT, J. and KEITH MARQUART, Sp.J.

LISA WHITE HARDWICK, Chief Judge.

The State of Missouri appeals the circuit court's judgment granting Rule 29.15 post-conviction relief to Christopher Borst based on a finding of ineffective assistance of counsel. The court set aside Borst's convictions on two counts of first-degree statutory sodomy and two counts of incest and ordered a new trial on those charges. On appeal, the State contends the circuit court clearly erred in granting such relief because the evidence...

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