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STATE v. FERGUSON

No. 46556.

678 S.W.2d 873 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Gary Lindell FERGUSON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied September 28, 1984.

Application to Transfer Denied November 20, 1984.

Attorney(s) appearing for the Case

John D. Dwyer, Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., Janet E. Papageorge, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 28, 1984.

SNYDER, Presiding Judge.

Gary Lindell Ferguson appeals from a judgment pursuant to a jury verdict convicting him of the Class D felony of attempted stealing of a motor vehicle, § 564.011 RSMo.1978. He was sentenced as a persistent offender under § 558.016(3) RSMo.1978 to ten years in the custody of the Missouri Department of Corrections. The judgment is affirmed.

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