STATE v. CHOATE

No. 41139.

588 S.W.2d 163 (1979)

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

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 15, 1979.

Application to Transfer Denied November 14, 1979.


Attorney(s) appearing for the Case

Gary L. Robbins, Public Defender, Jackson, for appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Steven D. Steinhilber, Asst. Attys. Gen., Jefferson City, Bradshaw Smith, Pros. Atty., Cape Girardeau, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 15, 1979.

DOWD, Presiding Judge.

Danny Ray Choate pleaded guilty on June 3rd, 1974, to Second Degree Burglary and Stealing, pursuant to a plea bargaining agreement with the prosecutor. Upon accepting the plea, however, the court rejected the prosecutor's recommended sentence of four years with suspended execution of sentence and credit for time served. Rather, the judge suspended imposition...

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