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JURALOS v. STATE

No. 45431.

641 S.W.2d 445 (1982)

James W. JURALOS, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Rehearing Denied October 15, 1982.

Attorney(s) appearing for the Case

John M. Williams, Flat River, for movant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, John W. Reid, II, Pros. Atty., Madison County, Fredericktown, for respondent.

CLEMENS, Senior Judge.

Appeal from summary denial of a Rule 27.26 motion. Movant-defendant had been convicted of first-degree burglary. State v. Juralos, 611 S.W.2d 569 (Mo.App.1981).

The sole contention now raised is lack of effective counsel in failing to offer an instruction on the lesser included offense of second-degree burglary. The statutory distinction is whether there is a person lawfully present in the burglarized...

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