STATE v. BURNS

No. WD 34595.

671 S.W.2d 306 (1984)

STATE of Missouri, Respondent, v. Omar Ray BURNS, 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

Fred Duchardt, Public Defender, Liberty, for appellant.

John Ashcroft, Atty. Gen., Dan Crawford, Asst. Atty. Gen., Jefferson City, for respondent.

Before SOMERVILLE, P.J., and NUGENT and LOWENSTEIN, JJ.


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

SOMERVILLE, Presiding Judge.

Defendant was charged as a "persistent offender" with kidnapping, § 565.110.1(5), RSMo 1978, a class B felony, § 565.110.2, RSMo 1978. He was also separately charged with rape, § 566.030.3, RSMo Supp.1983, a class A felony, § 566.030.4, RSMo Supp.1983. The victim of both offenses was a twelve-year-old female. By agreement...

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