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992 S.W.2d 345

Crandall v. State

Missouri Court of Appeals

Decided May 11, 1999

Missouri Court of Appeals · decided 1999-05-11

Cited by 1 later decisions — most recently April 2000

1 state decisions

Relies on Schleeper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-05-11

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PER CURIAM.

¶1Appellant filed a pleading under Section 547.860, RSMo Supp.1997, seeking various relief pertaining to convictions of two counts of sodomy. Previous to the filing of this action, this Court had affirmed those convictions and affirmed the denial of a Rule 29.15 motion seeking to vacate the convictions.

¶2In Schleeper v. State, 982 S.W.2d 252 (Mo.banc 1998), the Missouri Supreme Court held that Section 547.360 did not create a second and independent action, and if a previous post-conviction motion had been litigated, a valid post-conviction motion could not proceed under that statute. Schleeperis controlling on this Court, see Mo. Const, art. V, section 2, and requires affirmance of the trial court’s judgment dismissing Appellant’s claim.

¶3The judgment is affirmed.

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