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STATE v. FYNN

No. 48455.

683 S.W.2d 664 (1984)

STATE of Missouri, Plaintiff-Respondent, v. James FYNN, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 31, 1984.

Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Clayton, for defendant-appellant.

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

GAERTNER, Judge.

Defendant was convicted by a jury of stealing a motor vehicle and, as a persistent and prior offender, sentenced by the court to ten years' imprisonment. We affirm.

At approximately 2:00 a.m. on October 13, 1981, a security guard at an apartment complex observed three men trying to put a 50 cc Suzuki motorbike into the back seat of an automobile. Two of the men were pushing the motorbike from its...

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