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STATE v. KELLEY

Nos. 13394, 13395.

674 S.W.2d 216 (1984)

STATE of Missouri, Plaintiff-Respondent, v. David W. KELLEY and Alan L. Sarnes, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

Motions for Rehearing or Transfer Denied July 5, 1984.

Application to Transfer Denied September 11, 1984.

Attorney(s) appearing for the Case

Donald L. Catlett, Asst. Public Defender, Rolla, for defendants-appellants.

John Ashcroft, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

MAUS, Presiding Judge.

Donald W. Kelley and Alan Lee Sarnes were jointly charged with burglary in the second degree (§ 569.170) and stealing property of a value of at least $150 (§ 570.030). The jury found each guilty of each offense. In the manner prescribed by § 557.036.2(1), each defendant had requested the court to fix the sentence. Each defendant was sentenced to concurrent terms of three years. Each...

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