Missouri Real Estate Commission v. McCormick

ON MOTION FOR REHEARING OR TRANSFER

By a motion for rehearing or transfer, respondent contends this court has misapplied the law because respondent’s “guilty plea and suspended imposition of sentence for ‘stealing funds’ ” and discharge from probation do not constitute being found guilty within the meaning of § 339.100.2(17). The motion has no merit for two reasons.

First, the respondent did not in his Petition for Judicial Review allege he had not been found guilty. He made no such contention before the MREC, or the circuit court or in his brief before this court. In fact the respondent…