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STATE v. STANLEY

No. 47040.

665 S.W.2d 63 (1984)

STATE of Missouri, Respondent, v. David STANLEY, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion For Rehearing and/or Transfer Denied February 17, 1984.

Application to Transfer Denied March 20, 1984.

Attorney(s) appearing for the Case

Henry B. Robertson, Asst. Public Defender, St. Louis, for appellant.

Kristie Lynne Green, Asst. Atty. Gen., Jefferson City, for respondent.

Motion For Rehearing and/or Transfer to Supreme Court Denied February 17, 1984.

CLEMONS, Senior Judge.

A jury found defendant David Stanley guilty of second degree burglary. The trial court sentenced him as a persistent offender to 15 years in prison. He appeals.

Defendant's only contention here is refusal to give his offered instruction on the lesser offense of trespass. Burglary and trespass differ; burglary includes and trespass omits the element...

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