James Koste, Defendant/Appellant, v. State of Missouri, Plaintiff/Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: James Koste, Defendant/Appellant, v. State of Missouri, Plaintiff/Respondent. Case Number: 71817 Handdown Date: 01/13/1998 Appeal From: Circuit Court of the City of St. Louis, Hon. Daniel Tillman Counsel for Appellant: Dave Hemingway Counsel for Respondent: Jill C. LaHue Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Crane, P.J., Rhodes Russell and J. Dowd, J.J., concur. Opinion: ORDER Defendant pled guilty to five counts of sodomy of a child under age fourteen in violation of section 566.060 RSMo

1. Defendant was convicted as a persistent offender and sentenced to thirty years' imprisonment on each count, to

run concurrently. Following his conviction, defendant filed a motion for post-conviction relief pursuant to Rule 24.035. Defendant now appeals the motion court's denial of his motion without an evidentiary hearing. The judgment of the trial court is based on findings of fact that are not clearly erroneous. No error of law appears. A written opinion would have no precedential value. However, we have provided the parties with a memorandum, for their information only, setting forth our reasoning. The judgment of the trial court is affirmed pursuant to Rule 84.16(b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.