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STATE v. ANDERSON

No. 44948.

641 S.W.2d 193 (1982)

STATE of Missouri, Respondent, v. Cornelius ANDERSON, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

October 12, 1982.

Attorney(s) appearing for the Case

Joseph J. Downey, Thomas F. Flynn, Henry Robertson, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.

CLEMENS, Senior Judge.

This appeal from a stealing conviction is another challenge to the range of punishment instruction, MAI-CR2d 2.60. This because the instruction told the jury the term of imprisonment to be fixed by the court would "not exceed the term assessed and declared by the jury".

The jury had found defendant guilty of stealing and assessed punishment at one year in jail. The trial court sentenced him...

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