STATE v. WILLIAMS

No. 43054.

620 S.W.2d 399 (1981)

STATE of Missouri, Respondent, v. Ollie WILLIAMS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied August 6, 1981.


Attorney(s) appearing for the Case

Joseph W. Downey, Linda Murphy, Asst. Public Defenders, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Peach, St. Louis, for respondent.


CRIST, Presiding Judge.

Defendant appeals from a conviction of burglary second degree, in violation of § 569.170, RSMo. 1978 for which he was sentenced to a fifty-four (54) month term of imprisonment as a "persistent offender." We affirm.

On September 29, 1979, defendant and co-burglar gained entry to a service station by prying open a window. Although the co-burglar surrendered immediately upon being observed by a police officer, defendant made an unsuccessful...

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