STATE v. PAYNE

No. SD 31292.

403 S.W.3d 606 (2011)

STATE of Missouri, Plaintiff-Respondent, v. Timmy PAYNE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Rehearing Denied January 10, 2012.


Attorney(s) appearing for the Case

Timmy Payne, Appellant, acting pro se.

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


DON E. BURRELL, Presiding Judge.

In November 1995, Timmy Payne ("Appellant") pleaded guilty to the crime of burglary and was sentenced to a seven-year term of imprisonment in the Department of Corrections. Fifteen years later, in December 2010, Appellant filed a motion in his criminal case asking the trial court to vacate his conviction based on a claim of actual innocence. After the trial court denied his motion, Appellant filed this appeal.

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