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STATE v. FEELER

No. 11707.

634 S.W.2d 484 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Eddie S. FEELER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

Order On Rehearing June 15, 1981.

Transferred by June 15, 1981.

Retransferred July 6, 1982 as Improvidently Transferred.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Henry T. Herschel, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Jerry W. Venters, Bartlett & Venters, P. C., Jefferson City, for defendant-appellant.

Transferred by Supreme Court June 15, 1981.

PREWITT, Judge.

A jury found defendant guilty of stealing two calves and set his punishment at confinement for one year. Defendant was charged as a "persistent offender" under § 558.016, RSMo 1978, and following a "sentencing hearing", § 558.021, RSMo 1978, the trial judge sentenced him to seven years imprisonment.

Defendant's three points contend: (1...

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