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STATE v. SHIVE

No. 12101.

622 S.W.2d 769 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Lyndall Clarence SHIVE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Overruled and Denied October 8, 1981.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Brian P. Seltzer, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

David R. Fielder, Fielder, Jones & Conklin, Springfield, for defendant-appellant.

Motion for Rehearing or to Transfer to Supreme Court Overruled and Denied October 8, 1981.

GREENE, Presiding Judge.

Defendant, Lyndall Clarence Shive, was charged with first degree robbery, § 569.020,1 jury-tried and convicted. The jury recommended a sentence of 22 years, which sentence was later raised to 30 years by the trial court after a determination that defendant was a persistent offender. This appeal followed.

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