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STATE v. FAIN

No. 13300.

679 S.W.2d 419 (1984)

STATE of Missouri, Respondent, v. John David FAIN, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied October 19, 1984.

Attorney(s) appearing for the Case

David Robards, Joplin, for appellant.

John Ashcroft, Atty. Gen., Frank A. Rubin, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

Appellant ("Fain"), tried by the court without a jury, was found guilty of the class C felonies of burglary in the second degree, § 569.170, RSMo 1978, and stealing property of the value of at least $150, § 570.030, RSMo 1978, as amended by Laws 1981, pp. 638-39. Sentenced as a persistent offender, § 558.016, RSMo 1978, as amended by Laws 1981, p. 636, he received concurrent terms of eight years' imprisonment. His sole contention on appeal...

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