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STATE v. DAVIS

No. 11487.

611 S.W.2d 384 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Steven Kelly DAVIS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 19, 1981.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Jan Bond, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Richard D. Bender, Honecker & Bender, Springfield, for defendant-appellant.

TITUS, Judge.

Defendant was jury-convicted of burglary in the second degree, a class C felony (§ 569.170)1, and assault in the second degree, a class D felony (§ 565.060). After determining that defendant was a "persistent offender" per § 558.016-2, the trial court concurrently sentenced him to seven years on the burglary conviction and to five years on the assault charge. This appeal ensued.

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