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STATE v. MITCHELL

No. 14046.

704 S.W.2d 280 (1986)

STATE of Missouri, Respondent, v. Ernest Dean MITCHELL, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

January 31, 1986.

Attorney(s) appearing for the Case

C.J. Larkin, Columbia, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Nancy K. Yendes, Asst. Atty. Gen., Springfield, for respondent.

CROW, Judge.

Ernest Dean Mitchell ("defendant"), found guilty by a jury of two counts of exhibiting a lethal weapon in an angry or threatening manner, § 571.030.1(4), RSMo Cum.Supp.1983, was sentenced as a persistent offender by the trial court, § 558.016.3, RSMo Cum.Supp.1983, to consecutive terms of imprisonment of four years and three years.

Defendant maintains that inasmuch as the two counts were identically worded in the amended information...

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