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STATE v. PAYNE

No. 40983.

607 S.W.2d 822 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Marlon PAYNE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

October 21, 1980.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, John Putzel, Asst. Public Defender, St. Louis, for defendant-appellant.

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

DOWD, Presiding Judge.

Marlon Payne, defendant herein, appeals from his conviction of robbery first degree and armed criminal action. A jury assessed his punishment at five years and three years imprisonment, terms to run concurrently.

We reverse the armed criminal action conviction as mandated by Sours v. State, 603 S.W.2d 592 (Mo. banc 1980) (Sours II). We affirm the conviction of robbery first degree.

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