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STATE v. BYERS

No. SD 31758.

396 S.W.3d 366 (2012)

STATE of Missouri, Plaintiff-Respondent, v. John S. BYERS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 6, 2012.

Application for Transfer to Supreme Court Denied February 26, 2013.

Attorney(s) appearing for the Case

Jason M. Scherer , of Crow, Reynolds, Shetley, McVey & Scherer, LLP, Kennett, MO, for Appellant.

Stephen P. Sokoloff , Dunklin County Prosecuting Attorney, Kennett, MO, for Respondent.

GARY W. LYNCH, P.J.

John S. Byers pleaded guilty to the class A misdemeanor of sexual misconduct in the first degree, see section 566.090, RSMo Cum.Supp.2002. The trial court suspended the imposition of sentence ("SIS") and placed Byers on supervised probation for a twenty-four-month term. Upon Byers' successful completion of probation without incident, the case was closed. Over four years later, Byers filed a Rule 27.09(d) motion to withdraw his guilty plea...

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