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STATE v. MORTON

No. 12808.

648 S.W.2d 642 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Kimball Leon MORTON, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Application to Transfer Denied June 30, 1983.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Ty Gaither, Public Defender, Springfield, for defendant-appellant.

PREWITT, Judge.

Defendant was convicted of armed robbery following nonjury trial and sentenced to eighteen years imprisonment. He contends that the trial court abused its discretion in not allowing him a jury trial after he had filed a motion to withdraw his waiver of jury trial.

A defendant may waive trial by jury, Rule 27.01(b); State v. Vandiver, 592 S.W.2d 304, 306 (Mo.App.1979), if knowingly and intelligently...

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