STATE v. HARRIS

No. 43146.

629 S.W.2d 399 (1981)

STATE of Missouri, Respondent, v. Larry HARRIS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied November 20, 1981.

Application to Transfer Denied January 18, 1982.


Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Lauren Weisfeld, Asst. Public Defender, Clayton, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Kristie Green, Madeleine O. Birmingham, Asst. Attys. Gen., Jefferson City, George R. Westfall, Pros. Atty., Clayton, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied November 20, 1981.

CLEMENS, Senior Judge.

A jury found defendant Larry Harris guilty of stealing by deceit three telephones worth over $150. This is a class C felony, § 570.030 RSMo. 1978. The trial court sentenced defendant as a persistent offender to three years in prison. He appeals; we reverse and remand.

Defendant's primary point is that the court erred in denying his motion to...

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