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STATE v. BARNARD

No. 13387.

678 S.W.2d 448 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Sammy Curtis BARNARD, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

September 27, 1984.

Attorney(s) appearing for the Case

David Robards, Joplin, for defendant-appellant.

John Ashcroft, Atty. Gen., Mark S. Siedlik, John M. Morris, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

FLANIGAN, Judge.

The trial court, sitting without a jury, found defendant guilty of burglary in the second degree and stealing and also found him to be a persistent offender. (§ 558.016, par. 3).1 The court imposed consecutive sentences of ten years' imprisonment for the burglary and five years' imprisonment for stealing. Defendant appeals.

Defendant's first point is that the trial court erred in overruling his motion to dismiss...

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