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STATE v. GARRETT

No. 11246.

595 S.W.2d 422 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Arvin J. GARRETT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Three.

Motion for Rehearing and Transfer Denied March 6, 1980.

Application to Transfer Denied April 8, 1980.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Richard F. Engel, Steven W. Garrett, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

James R. Reynolds, Ford, Ford, Crow & Reynolds, Kennett, for defendant-appellant.

MAUS, Judge.

On October 11, 1978, a jury convicted the appellant of first degree murder. Following post trial procedures on December 13, 1978, he was sentenced to life imprisonment without parole for fifty years. His notice of appeal was filed on December 19, 1978. The transcript on appeal was filed in this court on January 30, 1979. Mo. Const. Amend. Art. V, § 3, effective January 2, 1979, provides that "where the punishment imposed is death or imprisonment...

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