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SALLEE v. STATE

No. 55375.

460 S.W.2d 554 (1970)

John R. SALLEE, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

December 14, 1970.

Attorney(s) appearing for the Case

Louis C. Defeo, Jr., Jefferson City, for movant-appellant.

John C. Danforth, Atty. Gen., Craig A. Van Matre, Asst. Atty. Gen., Jefferson City, for respondent.

HOLMAN, Judge.

On June 28, 1967 movant (hereinafter sometimes referred to as defendant) was convicted of burglary in the second degree and stealing. See §§ 560.045, 560.095, and 560.110.1 His punishment was fixed by the jury at seven years' imprisonment for the burglary and five years for the stealing. The judgment provided that the sentences run consecutively. Upon appeal this court affirmed. State v. Sallee,

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