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STATE v. BABBITT

No. 42403.

639 S.W.2d 196 (1982)

STATE of Missouri, Plaintiff-Respondent, v. Stanley L. BABBITT, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied September 17, 1982.

Applications to Transfer Denied October 18, 1982.

Attorney(s) appearing for the Case

Shaw, Howlett & Schwartz by Ronald J. Kaden, Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen. by John C. Reed, Kristie Green, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

SATZ, Judge.

Defendant was convicted of robbery in the first degree, § 560.120 RSMo 1969 and armed criminal action, § 559.225 RSMo 1976 Supp. He was sentenced to five years on the robbery count and eight years, concurrent, on the armed criminal action count. We affirm the former sentence and reverse the latter.

Around midnight on October 23, 1978, the defendant and a companion, Wes, left a party in search of marijuana. This errand brought them to...

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