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STATE v. BURROUGHS

No. 38201.

559 S.W.2d 42 (1977)

STATE of Missouri, Respondent, v. Robert Gene BURROUGHS, Appellant.

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

Motion for Rehearing and/or Transfer Denied September 12, 1977.

Application to Transfer Denied October 11, 1977.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., James A. Roche, Jr., Asst. Circuit Atty., St. Louis, for respondent.

Robert C. Babione, Public Defender, Mary Louise Moran, Asst. Public Defender, St. Louis, for appellant.

CLEMENS, Presiding Judge.

A jury found defendant Robert Burroughs guilty of first degree robbery. Sections 560.120 and 560.135, RSMo., 1969, VAMS. After denying his motion for a new trial the court, under the Second Offender Act, announced it was sentencing defendant to 15 years' imprisonment to run concurrently with a three-year sentence recently imposed on another charge. The court then set this aside and in its formal...

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