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STATE v. NIXON

No. WD 32794.

633 S.W.2d 292 (1982)

STATE of Missouri, Respondent, v. Kenneth Vail NIXON, Appellant.

Missouri Court of Appeals, Western District.

April 27, 1982.

Attorney(s) appearing for the Case

William M. Barvick, Jefferson City, for appellant.

John Ashcroft, Atty. Gen., Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for respondent.

Before NUGENT, P. J., and TURNAGE and LOWENSTEIN, JJ.

TURNAGE, Judge.

Kenneth Nixon was found guilty by a jury of attempted burglary in the second degree, § 564.011, RSMo 1978, and the jury assessed punishment at one year in the county jail. On finding Nixon to be a persistent offender, the court increased the punishment to four years in the custody of the Department of Corrections with the sentence to run concurrent to a three-year sentence which Nixon was serving at the time of sentencing in this case.

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