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ABBOTT v. STATE

No. ED 110092.

654 S.W.3d 377 (2022)

Jay W. ABBOTT, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Rehearing Denied October 4, 2022.

Attorney(s) appearing for the Case

Mark A. Grothoff , Woodrail Centre, 1000 West Nifong, Building 7, Suite 100, Columbia, MO 65201, for appellant.

Garrick F.D. Aplin , PO Box 899, 221 West High Street, Jefferson City, MO 65102, for respondent.

Gary M. Gaertner, Jr., P.J., and Cristian M. Stevens, J., concur.

Introduction

Jay Abbott filed two motions for postconviction relief under Rule 29.15. Abbott prematurely filed his first motion while his direct appeal remained pending. Then, Abbott filed a second motion after this Court issued its mandate in the direct appeal. Under controlling precedent,...

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