STATE v. LEWIS

No. 44047.

625 S.W.2d 684 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Alphonso LEWIS, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

December 1, 1981.


Attorney(s) appearing for the Case

Henry Robertson, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Douglas Lind, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


CLEMENS, Senior Judge.

A jury found defendant Alphonso Lewis guilty of feloniously stealing over $150 worth of goods from a truck terminal. It fixed punishment at two years in prison; the trial court found defendant was a persistent offender and raised the term to five years. Defendant has appealed.

Defendant initially objects to the court giving MAI-CR 2d 2.60, on the ground it tells the jury the term of imprisonment it declares may not be exceeded by the...

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