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STATE v. BERGER

No. 11759.

618 S.W.2d 215 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Gregg Harry BERGER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

May 28, 1981.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Steven H. Akre, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Charles F. Johnson, Buffalo, for defendant-appellant.

TITUS, Judge.

The charged class C felonies of second degree burglary (§ 569.170)1 and stealing (§ 570.030) occurred in April 1979 in Hickory County. Defendant was jury-convicted of the crimes on February 15, 1980, in Polk County after a change of venue and judge. Subject to a credit of 216 days spent in jail prior to conviction, the court sentenced defendant to confinement for a term of five years on each charge with the sentences...

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