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STATE v. BENITEZ

No. SD 32063.

412 S.W.3d 451 (2013)

STATE of Missouri, Plaintiff-Respondent, v. Jose T. BENITEZ, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 17, 2013.

Attorney(s) appearing for the Case

Margaret M. Johnston , Columbia, for Appellant.

Chris Koster (Attorney General), Jessica P. Meredith , Jefferson City, for Respondent.

Before LYNCH, P.J., RAHMEYER, J., and FRANCIS, J.

PER CURIAM.

Jose T. Benitez ("Appellant") was convicted and sentenced to a violation of section 566.062, RSMO Cum.Supp.2006. The conviction was affirmed by this Court on June 10, 2013; subsequently, an Application for Transfer was filed in the Supreme Court of Missouri. While the application for transfer was pending, Appellant died. The Supreme Court granted the application for transfer but then retransferred the cause to this Court for:

reconsideration in...

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