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STATE v. BYRNES

No. 11986.

619 S.W.2d 791 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Robert John BYRNES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or for Transfer Denied June 25, 1981.

Application to Transfer Denied September 8, 1981.

Attorney(s) appearing for the Case

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

Louis J. Nolan, Johnson & Sweeney, Springfield, for defendant-appellant.

Motion for Rehearing or for Transfer to Supreme Court Denied June 25, 1981.

PREWITT, Presiding Judge.

A jury found defendant guilty of first degree robbery, § 569.020, RSMo 1978, and assessed his punishment at 20 years imprisonment. The trial judge, after a sentencing hearing, sentenced him to 25 years imprisonment as a "persistent offender". §§ 557.036, 558.016, RSMo 1978.

Defendant's first point contends that the trial court erred...

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