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STATE v. MERCER

No. WD 30618.

600 S.W.2d 45 (1980)

STATE of Missouri, Respondent, v. Donald Lee MERCER, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 7, 1980.

Application to Transfer Denied May 13, 1980.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Gary L. Gardner, Kevin Locke, Asst. Public Defenders, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Donna G. Bowles, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P. J., and SHAGLER and MANFORD, J J.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 7, 1980.

TURNAGE, Presiding Judge.

Donald Lee Mercer was convicted by a jury of robbery, first degree, and sentenced to ten years in prison. Sections 560.120 and 560.135, RSMo 1969. On this appeal Mercer contends the court committed plain error by refusing a continuance to give his trial counsel time to call a witness. Affirmed.

About 1:00 A.M. on August 26, 1977, Gary Davenport was...

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