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YARBERRY v. STATE

No. SD 31468.

372 S.W.3d 568 (2012)

Tommy R. YARBERRY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

August 13, 2012.

Attorney(s) appearing for the Case

Alexa I. Pearson , of Columbia, MO, for appellant.

Chris Koster , Attorney General and Shaun J. Mackelprang , Assistant Attorney General, of Jefferson City, MO, for respondent.

Tommy R. Yarberry ("Yarberry") appeals the motion court's denial of his Rule 24.0351 motion for post-conviction relief after an evidentiary hearing. We affirm the judgment of the motion court.

Factual and Procedural Background

On August 27, 2009, Yarberry was charged as a prior and persistent offender with two counts of the class C felony of domestic assault in the second degree, violations of section 565.073, and two counts...

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