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STATE v. MONTGOMERY

No. 40967.

596 S.W.2d 735 (1980)

STATE of Missouri, Respondent, v. Daniel MONTGOMERY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

March 11, 1980.

Attorney(s) appearing for the Case

Frank R. Fabbri, III, Asst. Public Defender, Robert C. Babione, Public Defender, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, James R. Cumbee, Lisa M. Camel, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.

PER CURIAM.

Defendant was convicted in the Circuit Court of the City of St. Louis of forcible rape and sodomy. Under the Second Offender Act, the court sentenced him to thirty years in the Department of Corrections for the offense of forcible rape and fifteen years in the Department of Corrections for the offense of sodomy, these sentences to run consecutively. Defendant appeals from that judgment.

The incident occurred on the morning of September 8, 1976...

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