On December 22, 2023 a
Motion to Set Aside
was filed
for CC Motion to Vacate 547.031
in the District Court of Shelby County.
Preview
.
Inthe 4 s JUDICIAL CIRCUIT COUR s Shelby Co.— =, MISSOURI wee
Judge or Division}
OS B-CRanyin—O/ 2386-8 000
Case Number:
f 7 ‘h nul Feedheick Tocher
Full Name of Moyant: Movant’s Address: FILED
BoSh vo. Alon Dold IF viton R ecephion + DEC 22 2023
agnostic Ceaber
“AIBIS Rovke O
CLERK CIRCUIT COURT
‘SHELBY COUNTY, MO
folton M0), Gee]
State of Missouri, Respondent
(Date File Stamp)
Instructions - Read Carefally
In order for this motion to receive consider: ‘ation by the Circuit Court, it shall be in writing (legibly handwritten or
typewritten),
movant may i igned by the movant, and it shall set forth in concise form the answers to each applicable question. If necessary,
nish an answer to a particular question on the reverse side of the page or an additional blank page. Movant shall
make it clear to which question any such continued answerrefers.
‘This motion must be filed in the Cirouit Court which imposed sentence.
‘The movant is required to include in this motion every claim known to him/her for vacating, setting aside or correcting the
conviction and sentence or it will be waived or abandoned. Be sure to include every claim.
Movant should exercise care to assure that all answers are true and correct,
If the movant is taken in forma pauperis, it shall include an affidavit setting forth information that establishes that,
movant will be unable to pay costs of the proceedings. When the motion is completed, the original and two copies shall be
mailed to the Clerk of the Circuit Court from which tomovant ‘was sentenced.
Motion to Vacate, Set Aside or Correct the Judgment or Sentence
E
Place of detention:
Cc
Name and location of court which imposed sentence:
She boyy Ca laa & Wha St Sivelloy ville MO.Gz4649
‘The case number and the offense or offenses for which sentence was imposed:
AUISRCRAODIZ~01 Shad Kge ve At. Stat Ape £ Dy
Child| Maleste han = at Degree 4h cavpls
-_ 4. (a) The date upon which sentence was imposed and the terms of the sentence:
fi-fa-d3 30425 DS secsed consoct ively ky Dyn
(b) The date upon which you were delivered to the custody of the department of corrections to serve the sentence you
[[nZd-223
wish|to challenge:
OSCA (7-10) CV145 1 of 6 SCR 24.035, 29.15
N
Check whether a finding of guilty was made:
—
(a) of;‘guil _ 6) Aftera plea of not guilty x
Did you appeal from the judgment of conviction? 4 Yo
Tf you answered “yes” to (6), list
(a): the.name of the court to which you appealed:
(b) the result in such court and the date of such result:
(c) the date the appellate court’s mandate issued:
_ ~ - - a
8. State concisely all the claims known to you for vacating, setting aside or correcting your conviction and sentence:
@ Sfatutary Rape er Abbemph Shctuacy Rare 1 De.
Poccan 2 YAA
oe
y Chi) Male statin A? De, :
OChiId Alestedion AE Dencee
9. State concisely and in the same order the facts supporting each of the claims set out in (8), and the names and addresses
of
the witnesses or other evidence upon which you intend to rely to Prove such facts:
@ Viebin Claimed! thak To chuck any penis in there
Vagina “andl the Ay: dence TC intent ta rely on is the. SAEE
fyam cescull ana: a theres L owe
oO Wek aC lomeA Ti eho on Finger ta these Wag tines
apd LD intend da cel On Drensic TLalen! cus ancl
& theacy
ol/; Cr nn ‘clas med Hh. TL Shu, cA oe foger in_thebr
nus nad. fC intead +a use the Sarencic Taber view
anda theexy
OSCA (7-10) CV145 2 of6 SCR 24.035, 29.15,
-
|
@
1
2g, \ EL olécs. tatead to USe. the Shute Expect otras.
Dp J4o]l y Monree anch_ tre. Pekenses epork oinegs
De Fag: Se Tahaston
4
Boo y
_ aa —
_ -10.Ptior tots motion have you filed with respect tthe eonviton
(a) Any motion tovacate judgment under Missouri Supreme Court rule 24.035, 27.26 or 29.15? _/ k .
(b) Any petitions in state or federal courts for habeas corpus? My T
(c) Any petitions in the United States Supreme Court for certiorari? _/ Ay
(d) Any other petitions, motions or applications in this or any other court?__ / Ve
-
osc (7-10) CV145 3 of6 scr 24,035, 29.15
a
?
\e ”
.
oe - - — me
12. Has any claim set forth in (8) been previously presented to this or any other court, state or federal, in any petition,
ating or application that you have filed?
i
a
13, If you answered “yes” to (12), identify
(a) theclaims that have been previously presented:
i
ii,
iii.
(b) the proceedings in which each claim was raised:
i
ii
~ bo |
iii.
14. Ifyou have filed prior proceedings in any state or federal court involving this same sentence but did not raise therein one
or more of the claims you now list in.(8), state which were not raised in the earlier proceedings and why they were not
raised in thace nraceedinec:
{iN,
1. Were yo represented by an attorney atany time during the course of
(a) youy preliminary hearing? Ye Ss
(b) yourjarraignment and plea? es
(©) your trial, itany? Yo,
(d) your sentencing? Yes
that I waive any claim for relief known to me thatI have not listed in this motion.
Signature of Movant =
OSCA (7-10) CVI45 5S of6 SCR 24.035, 29.15°
“(exep) STY} OUT e10Jaq 0} LOMS puB paqiiosqng
jueyzy Jo omeusig
ee
State of
County of
Forma Pauperis Affidavit
(See instructions page 1 of this form)
a. - _
Affiant, being first duly sworn, deposes and says that have subscribed to the foregoing affidavit; thatI know the contents
NAME: o
boc# {Ro1g 3b
AC baldHU & CELL# * D = |.3 =>
euch! %Paes
INSTITUTION.
ADDRESS ! [2g
Jb ey
oy
Bt
De h yer Le 0
REEE
RE, USA
Ee
CITY Guia STATE 47.ioe zip Gsf
Tis correspondences rom an offender inthe custody of
the Missouri Department of
ce,
FILED hells) Cs
ie not respons fo the conan of is cor
For information about the department or to verify ~y -
information about the offender, please visit our websiteat
‘waw.doc.mo.gov.
i.
Ch tow
v4— pect }
}
MO 931-4748 (2-16) DEC 22 23 yy
Cr
C Mee
\ ZO
Sch
CLERK CIRCUIT COURT
‘SHELBY COUNTY, MO.
> ao 68M
FULTON Re EPTION AND
a
a DIA iC GENTE
(Sis
BGHEGELGLG Pegi Had haba edhe
~
Document Filed Date
December 22, 2023
Case Filing Date
December 22, 2023
Category
CC Motion to Vacate 547.031
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. Inthe 4 s JUDICIAL CIRCUIT COUR s Shelby Co.— =, MISSOURI wee Judge or Division} OS B-CRanyin—O/ 2386-8 000 Case Number: f 7 ‘h nul Feedheick Tocher Full Name of Moyant: Movant’s Address: FILED BoSh vo. Alon Dold IF viton R ecephion + DEC 22 2023 agnostic Ceaber “AIBIS Rovke O CLERK CIRCUIT COURT ‘SHELBY COUNTY, MO folton M0), Gee] State of Missouri, Respondent (Date File Stamp) Instructions - Read Carefally In order for this motion to receive consider: ‘ation by the Circuit Court, it shall be in writing (legibly handwritten or typewritten), movant may i igned by the movant, and it shall set forth in concise form the answers to each applicable question. If necessary, nish an answer to a particular question on the reverse side of the page or an additional blank page. Movant shall make it clear to which question any such continued answerrefers. ‘This motion must be filed in the Cirouit Court which imposed sentence. ‘The movant is required to include in this motion every claim known to him/her for vacating, setting aside or correcting the conviction and sentence or it will be waived or abandoned. Be sure to include every claim. Movant should exercise care to assure that all answers are true and correct, If the movant is taken in forma pauperis, it shall include an affidavit setting forth information that establishes that, movant will be unable to pay costs of the proceedings. When the motion is completed, the original and two copies shall be mailed to the Clerk of the Circuit Court from which tomovant ‘was sentenced. Motion to Vacate, Set Aside or Correct the Judgment or Sentence E Place of detention: Cc Name and location of court which imposed sentence: She boyy Ca laa & Wha St Sivelloy ville MO.Gz4649 ‘The case number and the offense or offenses for which sentence was imposed: AUISRCRAODIZ~01 Shad Kge ve At. Stat Ape £ Dy Child| Maleste han = at Degree 4h cavpls -_ 4. (a) The date upon which sentence was imposed and the terms of the sentence: fi-fa-d3 30425 DS secsed consoct ively ky Dyn (b) The date upon which you were delivered to the custody of the department of corrections to serve the sentence you [[nZd-223 wish|to challenge: OSCA (7-10) CV145 1 of 6 SCR 24.035, 29.15 N Check whether a finding of guilty was made: — (a) of;‘guil _ 6) Aftera plea of not guilty x Did you appeal from the judgment of conviction? 4 Yo Tf you answered “yes” to (6), list (a): the.name of the court to which you appealed: (b) the result in such court and the date of such result: (c) the date the appellate court’s mandate issued: _ ~ - - a 8. State concisely all the claims known to you for vacating, setting aside or correcting your conviction and sentence: @ Sfatutary Rape er Abbemph Shctuacy Rare 1 De. Poccan 2 YAA oe y Chi) Male statin A? De, : OChiId Alestedion AE Dencee 9. State concisely and in the same order the facts supporting each of the claims set out in (8), and the names and addresses of the witnesses or other evidence upon which you intend to rely to Prove such facts: @ Viebin Claimed! thak To chuck any penis in there Vagina “andl the Ay: dence TC intent ta rely on is the. SAEE fyam cescull ana: a theres L owe oO Wek aC lomeA Ti eho on Finger ta these Wag tines apd LD intend da cel On Drensic TLalen! cus ancl & theacy ol/; Cr nn ‘clas med Hh. TL Shu, cA oe foger in_thebr nus nad. fC intead +a use the Sarencic Taber view anda theexy OSCA (7-10) CV145 2 of6 SCR 24.035, 29.15, - | @ 1 2g, \ EL olécs. tatead to USe. the Shute Expect otras. Dp J4o]l y Monree anch_ tre. Pekenses epork oinegs De Fag: Se Tahaston 4 Boo y _ aa — _ -10.Ptior tots motion have you filed with respect tthe eonviton (a) Any motion tovacate judgment under Missouri Supreme Court rule 24.035, 27.26 or 29.15? _/ k . (b) Any petitions in state or federal courts for habeas corpus? My T (c) Any petitions in the United States Supreme Court for certiorari? _/ Ay (d) Any other petitions, motions or applications in this or any other court?__ / Ve - osc (7-10) CV145 3 of6 scr 24,035, 29.15 a ? \e ” . oe - - — me 12. Has any claim set forth in (8) been previously presented to this or any other court, state or federal, in any petition, ating or application that you have filed? i a 13, If you answered “yes” to (12), identify (a) theclaims that have been previously presented: i ii, iii. (b) the proceedings in which each claim was raised: i ii ~ bo | iii. 14. Ifyou have filed prior proceedings in any state or federal court involving this same sentence but did not raise therein one or more of the claims you now list in.(8), state which were not raised in the earlier proceedings and why they were not raised in thace nraceedinec: {iN, 1. Were yo represented by an attorney atany time during the course of (a) youy preliminary hearing? Ye Ss (b) yourjarraignment and plea? es (©) your trial, itany? Yo, (d) your sentencing? Yes that I waive any claim for relief known to me thatI have not listed in this motion. Signature of Movant = OSCA (7-10) CVI45 5S of6 SCR 24.035, 29.15° “(exep) STY} OUT e10Jaq 0} LOMS puB paqiiosqng jueyzy Jo omeusig ee State of County of Forma Pauperis Affidavit (See instructions page 1 of this form) a. - _ Affiant, being first duly sworn, deposes and says that have subscribed to the foregoing affidavit; thatI know the contents NAME: o boc# {Ro1g 3b AC baldHU & CELL# * D = |.3 => euch! %Paes INSTITUTION. ADDRESS ! [2g Jb ey oy Bt De h yer Le 0 REEE RE, USA Ee CITY Guia STATE 47.ioe zip Gsf Tis correspondences rom an offender inthe custody of the Missouri Department of ce, FILED hells) Cs ie not respons fo the conan of is cor For information about the department or to verify ~y - information about the offender, please visit our websiteat ‘waw.doc.mo.gov. i. Ch tow v4— pect } } MO 931-4748 (2-16) DEC 22 23 yy Cr C Mee \ ZO Sch CLERK CIRCUIT COURT ‘SHELBY COUNTY, MO. > ao 68M FULTON Re EPTION AND a a DIA iC GENTE (Sis BGHEGELGLG Pegi Had haba edhe ~