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STATE v. BLACK

No. 40815.

591 S.W.2d 21 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Lindell BLACK, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing or Transfer Denied November 20, 1979.

Application to Transfer Denied January 15, 1980.

Attorney(s) appearing for the Case

C. Clifford Schwartz, Jr., Shaw, Howlett & Schwartz, Clayton, for defendant-appellant.

Thomas L. Ray, Jr., Asst. Pros. Atty., Gary E. Stevenson, Pros. Atty., Farmington, for plaintiff-respondent.

SNYDER, Judge.

Lindell Black appeals his conviction of common assault, a misdemeanor, for which he was fined $100 and sentenced to six months of imprisonment under Section 559.220, RSMo 1969. He alleges that the trial court erred in: (1) sentencing him to the maximum fine and term of imprisonment allowed under Section 559.220 on the basis of a presentence investigation report, the contents of which he was not given an opportunity to review; (2) overruling his objection...

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