WELBORN, Commissioner.
Phillip Martin Tierney appeals from a judgment of conviction entered upon a jury's verdict finding him guilty of burglary in the second degree. Section 560.070, RSMo 1959, V.A.M.S. He was charged under the habitual criminal act. The trial court found that he had been previously convicted of two felonies and assessed his punishment at five years in the custody of the Department of Corrections.
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