STATE v. BURGIN

No. WD 33152.

654 S.W.2d 627 (1983)

STATE of Missouri, Respondent, v. Arthur L. BURGIN, Appellant.

Missouri Court of Appeals, Western District.

As Modified June 28, 1983.

Motion for Rehearing and/or Transfer to Overruled and Denied June 28, 1983.


Attorney(s) appearing for the Case

James Fletcher, Public Defender, Anne Hall, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

Before WASSERSTROM, P.J., and TURNAGE and CLARK, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied June 28, 1983.

TURNAGE, Judge.

Arthur L. Burgin was charged with forcible rape, § 566.030 RSMo 1978,1 and forcible sodomy, § 566.060. The jury found him guilty on the rape charge only, and assessed punishment at 10 years imprisonment. In light of the fact that Burgin was a persistent sexual offender under § 558.018 RSMo 1980, the court imposed...

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