STATE v. DAVIS

No. 49480.

698 S.W.2d 600 (1985)

STATE of Missouri, Respondent, v. Jerry DAVIS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 3, 1985.


Attorney(s) appearing for the Case

Douglas L. Levine, Public Defender, Ferguson, for appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.


REINHARD, Judge.

Defendant was convicted of second degree burglary, § 569.170, RSMo.1978. He was sentenced as a persistent offender to 10 years imprisonment. He appeals. We affirm.

The sufficiency of the evidence is not challenged; however, a brief recitation of the facts is necessary for a resolution of the issues raised on appeal. On the evening of February 21, 1984, at approximately 9:30 p.m., Richard Spink and Karen Trentham were parked in the 4600...

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