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STATE v. MORRIS

No. 55190.

460 S.W.2d 624 (1970)

STATE of Missouri, Respondent, v. Hubert MORRIS, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied December 14, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.

G. Carroll Stribling, Jr., St. Louis, for appellant.

Motion for Rehearing or for Transfer to Court En Banc Denied December 14, 1970.

FINCH, Judge.

Defendant, convicted by a jury of operating a motor vehicle without the owner's permission (§ 560.175, V.A.M.S.), was sentenced by the court pursuant to the Second Offender Act (§ 556.280, V.A.M.S.) to imprisonment for five years, and he appeals. We reverse and remand for a hearing and finding to determine the applicability of § 556.280.

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