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STATE v. VOLNER

No. 39156.

569 S.W.2d 781 (1978)

STATE of Missouri, Respondent, v. Danny Ray VOLNER, Appellant.

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

July 25, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, J. Michael Davis, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, David O. Fischer, Asst. Circuit Atty., Kirkwood, for respondent.

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

CLEMENS, Presiding Judge.

Defendant Danny Volner, charged with second degree burglary as a prior felon,1 was found guilty by a jury and sentenced by the court to ten years' imprisonment. Defendant appeals, conceding his guilt, but contending the court erred in assessing the ten-year penalty "because the court would have honored the plea bargain in which the prosecution recommended five and one...

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