STATE v. LEAKE

No. 11794.

608 S.W.2d 564 (1980)

STATE of Missouri, Plaintiff-Respondent, v. James Theodore LEAKE, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 25, 1980.


Attorney(s) appearing for the Case

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

Richard D. Bender, Sherwood, Honecker & Bender, Springfield, for defendant-appellant.


BILLINGS, Judge.

Defendant James Theodore Leake, Jr., was jury-tried and convicted of stealing without consent. The trial court found that defendant was a persistent offender under § 558.016 RSMo 1978 and set sentence at three years. He challenges the application of the Persistent Offender Act in this appeal. We affirm.

The amended information alleged prior convictions of defendant as follows:

"1. On or about the 9th day of March, 1977, defendant...

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