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STATE v. FLEMING

No. 9692.

518 S.W.2d 449 (1975)

STATE of Missouri, Respondent, v. Arnold G. FLEMING, Appellant.

Missouri Court of Appeals, Springfield District.

January 16, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Clarence Thomas, Asst. Attys. Gen., Jefferson City, for respondent.

William J. Fleischaker, Public Defender, Joplin, for appellant.

Before BILLINGS, C. J., and TITUS and FLANIGAN, JJ.

TITUS, Judge.

A Jasper County jury found defendant guilty of second degree burglary and stealing. It was unable to agree upon punishment. The trial court, per Rule 27.03, assessed the maximum punishments allowable under §§ 560.095(2) and 560.110, subd. 1, coupled with the pronouncement that the stealing sentence was to run consecutively, not concurrently. § 560.110, subd. 2. Defendant appealed.1

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