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STATE v. CUMMINGS

No. 14017.

714 S.W.2d 877 (1986)

STATE of Missouri, Plaintiff-Respondent, v. Freddie CUMMINGS, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied August 8, 1986.

Application to Transfer Denied September 16, 1986.

Attorney(s) appearing for the Case

M. Elise Branyan, Asst. Public Defender, Springfield, for defendant-appellant.

William L. Webster, Atty. Gen., Kevin B. Behrndt and John M. Morris, Asst. Attys. Gen., Jefferson City, for plaintiff-respondent.

FLANIGAN, Judge.

A jury found defendant Freddie Cummings guilty of receiving stolen property, § 570.080,1 and he was sentenced, as a prior offender, to five years' imprisonment. Defendant appeals.

The information was in two counts but the state dismissed Count II at the close of the evidence. Count I, on which the verdict was based, charged that the defendant, on January 4, 1984...

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