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NOLAND v. STATE

No. SD 32430.

413 S.W.3d 684 (2013)

Damon NOLAND, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

November 12, 2013.

Attorney(s) appearing for the Case

Mark A. Grothoff , Columbia, for Appellant.

Chris Koster , Atty. Gen., Shaun J. Mackelprang , Asst. Atty. Gen., Jefferson City, for Respondent.

DANIEL E. SCOTT, J.

Damon Noland seeks post-conviction relief (PCR) from his life sentence for forcibly raping a 10-year-old. He claims that he would and could have pleaded to ten years on a lesser charge but for misadvice from his lawyer ("Counsel") about punishment.

"`[T]he two-part Strickland v. Washington test applies to challenges to guilty pleas based on ineffective assistance of counsel.'" Lafler v. Cooper, ___ U.S. ___,

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