STATE v. CALMESE

No. 37233.

541 S.W.2d 349 (1976)

STATE of Missouri, Respondent, v. Johnny Lee CALMESE, Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

September 7, 1976.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Jefferson City, Robert L. Presson, Preston Dean, Asst. Attys. Gen., Brendan Ryan, Circuit Atty., Terence J. O'Toole, Asst. Circuit Atty., St. Louis, for respondent.

Robert C. Babione, Henry J. Rieke, Public Defenders, St. Louis, for appellant.


CLEMENS, Presiding Judge.

Defendant Johnny Lee Calmese was sentenced to seven years' imprisonment following a verdict finding him guilty of second degree burglary and a finding by the court of a prior felony conviction. Sections 560.045, 560.095 and 556.280, Laws, 1975.

The state's evidence showed defendant's fingerprints were found in the burglarized office. Defendant did not testify and his only witness was his father who testified defendant had occasions...

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