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STATE v. HOLMES

No. 43624.

654 S.W.2d 133 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Wade Charles HOLMES, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Denied July 6, 1983.

Application to Transfer Denied August 16, 1983.

Attorney(s) appearing for the Case

John Putzel, Asst. Public Defender, Joseph W. Downey, Public Defender, St. Louis, for defendant-appellant.

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

STEPHAN, Judge.

Defendant appeals from jury conviction for burglary in the first degree, § 569.160, RSMo 1978, and sodomy § 566.060, RSMo 1978.1 Defendant was sentenced as a persistent offender to fifteen years on each count, the sentences to be served consecutively. We affirm.

On the morning of November 23, 1979, at about 9:25 a.m., Ann T________, age 18, was awakened by an intruder grabbing her head as she slept in...

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