HEITMAN v. STATE

No. KCD 27236.

518 S.W.2d 189 (1974)

Michael HEITMAN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

December 30, 1974.


Attorney(s) appearing for the Case

Daniel L. Radke, Certified Law Intern, William E. Erdrich, Asst. Public Defender, Fifth Judicial Circuit, St. Joseph, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

Before DIXON, C.J., and SHANGLER and WASSERSTROM, JJ.


SHANGLER, Judge.

This appeal is from a denial of a rule 27.26, V.A.M.R., motion to vacate a judgment which directed that a five-year sentence for burglary run consecutively to a three-year sentence already imposed on a prior conviction.

The appellant was convicted in March of 1970 by a Buchanan County jury of a second-degree burglary in case number 2820 and since the jury could not agree upon punishment, the court sentenced appellant to a term of three years...

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