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STATE v. IANNIELLO

No. WD 34526.

671 S.W.2d 298 (1984)

STATE of Missouri, Respondent, v. Steven IANNIELLO, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied May 29, 1984.

Application to Transfer Denied July 17, 1984.

Attorney(s) appearing for the Case

J. Armin Rust, Regional Public Defender, Lexington, Mark T. Kempton, Wesner, Turley & Kempton, Inc., Sedalia, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before CLARK, P.J., DOWD and REINHARD, Special Judges.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied May 29, 1984.

DOWD, Special Judge.

Defendant, Steven Ianniello, was convicted of assault in the first degree and second degree murder, §§ 565.050 and 565.004 RSMo 1978. He was sentenced to fifteen years for the assault and thirty years for the murder, both sentences to run concurrently. Defendant now appeals claiming the trial court erred in (1) failing to declare a mistrial...

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