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STATE v. PORTER

No. WD 32292.

641 S.W.2d 843 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Wilbur E. PORTER, Defendant-Appellant.

Missouri Court of Appeals, Western District.

October 26, 1982.

Attorney(s) appearing for the Case

James L. McMullin of McMullin, Wilson & Schwarz, Kansas City, for defendantappellant.

John Ashcroft, Atty. Gen., William K. Haas, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before MANFORD, P.J., and WASSERSTROM and KENNEDY, JJ.

MANFORD, Presiding Judge.

This is a direct appeal from a jury conviction for burglary, second degree, in violation of § 569.170, RSMo 1978, and stealing, in violation of § 570.030(3), RSMo 1978. Appellant was also charged and sentenced as a persistent offender on both charges pursuant to § 558.016, RSMo 1978, said sentences to run consecutively. This appeal followed.

Three points, in summary, charge the trial court with error. These are: (1...

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