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STATE v. MINER

No. 11748.

606 S.W.2d 448 (1980)

STATE of Missouri, Respondent, v. Ricky Lynn MINER, Appellant.

Missouri Court of Appeals, Southern District, Division Three.

October 1, 1980.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Lawrence N. Koeln, Centerville, for appellant.

GREENE, Judge.

Defendant Ricky Lynn Miner was charged by felony information with first degree burglary. A jury convicted him of the lesser included offense of second degree burglary, and recommended 2½ years imprisonment as punishment. The trial court granted a new trial because of instructional error. Defendant was then retried under the first degree burglary information. The jury again returned a verdict of guilty of second degree burglary, and recommended...

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