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BENFORD v. STATE

No. SD 31124.

353 S.W.3d 376 (2011)

Terry L. BENFORD, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

November 4, 2011.

Attorney(s) appearing for the Case

Lisa M. Stroup , St. Louis, MO, for Appellant.

Chris Koster , Atty. Gen., Timothy Blackwell , Asst. Atty. Gen., Jefferson City, MO, for Respondent.

JEFFREY W. BATES, Judge.

Terry Benford (Benford) appeals from an order denying his Rule 24.035 motion to set aside his conviction for second-degree assault of a law enforcement officer. See § 565.082.1 Because the motion court's decision to deny relief without an evidentiary hearing was not clearly erroneous, we affirm.

I. Factual and Procedural History

In January 2009, Benford was charged as a prior and persistent...

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