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BROWN v. STATE

No. 43845.

629 S.W.2d 420 (1981)

Johnny L. BROWN, Plaintiff-Respondent, v. STATE of Missouri, Defendant-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

John Ashcroft, Atty. Gen., Kris Green, Asst. Atty. Gen., Jefferson City, for defendant-appellant.

Michael R. Young, Asst. Public Defender, Clayton, for plaintiff-respondent.

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

SNYDER, Judge.

The state appeals from the trial court's judgment which granted, on double jeopardy grounds, a Rule 27.26 motion to vacate a conviction and sentence for armed criminal action. Movant had plead guilty to charges of first degree robbery and armed criminal action, both offenses having arisen out of the same occurrence.

The state charges the trial court erred...

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