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STATE v. McBURNETT

No. 48842.

694 S.W.2d 769 (1985)

STATE of Missouri, Plaintiff-Respondent, v. David McBURNETT, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 12, 1985.

Application to Transfer Denied September 10, 1985.

Attorney(s) appearing for the Case

Daniel J. Gralike, Dorothy M. Hirzy, Public Defender, St. Louis, for defendant-appellant.

Leah A. Murray, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 12, 1985.

KELLY, Judge.

David C. McBurnett appeals his conviction of first degree assault, § 565.050, RSMo 1979,1 and burglary in the first degree, § 569.160 after a jury trial in the Circuit Court of St. Louis County. The trial court, having found him to be a prior offender, § 558.016.2, and a dangerous offender, § 558.016.4, RSMo 1978, sentenced...

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