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Smith v. State

Missouri Court of Appeals, Eastern District, Division Three
Dec 16, 2003
122 S.W.3d 717 (Mo. Ct. App. 2003)

Opinion

No. ED 83039

December 16, 2003

Appeal from the Missouri Circuit Court of the City of St. Louis, Hon. Joan L. Moriarity.

Scott Thompson, St. Louis, MO, for appellant.

Jeremiah W. Nixon, Lisa M. Eaton, Jefferson City, MO, for respondent.

Before Clifford H. Ahrens, P.J., William H. Crandall Jr., J. and Lawrence E. Mooney, J.



ORDER


Wendell Smith ("movant") appeals the judgment of the motion court denying his motion for post-conviction relief pursuant to Rule 24.035 on the merits without an evidentiary hearing. In his motion, movant claims that he was denied his rights to due process because the plea court accepted his guilty plea without a factual basis for the plea in that the plea court failed to determine which acts were associated with the two separate charges of statutory sodomy.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rule 84.16(b).


Summaries of

Smith v. State

Missouri Court of Appeals, Eastern District, Division Three
Dec 16, 2003
122 S.W.3d 717 (Mo. Ct. App. 2003)
Case details for

Smith v. State

Case Details

Full title:WENDELL SMITH, Appellant, v. STATE OF MISSOURI, Respondent

Court:Missouri Court of Appeals, Eastern District, Division Three

Date published: Dec 16, 2003

Citations

122 S.W.3d 717 (Mo. Ct. App. 2003)