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STATE v. PHROPER

No. WD 31557.

619 S.W.2d 83 (1981)

STATE of Missouri, Respondent, v. Donnie Ray PHROPER, Appellant.

Missouri Court of Appeals, Western District.

May 12, 1981.

Attorney(s) appearing for the Case

Michael Paul Harris, P. C., and Ronald M. Sokol, St. Joseph, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Catheryn B. Starke, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.

SOMERVILLE, Judge.

Defendant was charged with assault in the first degree committed by means of a dangerous instrument, a class A felony (Section 565.050.1(1) and .2, RSMo 1978).1 He was found guilty by a jury, however, of assault in the second degree, a class D felony (Section 565.060.1(3)(a)(b), RSMo 1978), and his sentence was assessed at five years confinement in the Department of Corrections. Judgment and sentence were entered and...

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