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STATE v. CHOATE

No. KCD 30599.

600 S.W.2d 37 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Ricky D. CHOATE, Defendant-Appellant.

Missouri Court of Appeals, Western District.

As Modified on Motion February 28, 1980.

Motion for Rehearing and/or Transfer Denied March 3, 1980.

Attorney(s) appearing for the Case

Andrew C. Webb, Sedalia, for defendantappellant.

John Ashcroft, Atty. Gen., Kathleen Mills, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., and PRITCHARD and MANFORD, JJ.

As Modified on Court's Own Motion February 28, 1980.

MANFORD, Judge.

This is a direct appeal from a jury conviction for issuance of a no funds check. Punishment was affixed by the court at five years in the Division of Corrections upon determination of the applicability of the Second Offender Act. The judgment is affirmed.

Appellant was charged by information alleging he issued a no funds check in the sum of $430.00 to the K-Mart Store in Sedalia,...

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