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STATE v. LEWIS

No. WD 38573.

734 S.W.2d 515 (1987)

STATE of Missouri, Respondent, v. Gregory L. LEWIS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied June 30, 1987.

Application to Transfer Denied September 15, 1987.

Attorney(s) appearing for the Case

Sean D. O'Brien, Public Defender, Kansas City, David S. Durbin, Asst. Public Defender, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before PRITCHARD, P.J., and MANFORD and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 30, 1987.

PRITCHARD, Presiding Judge.

By the verdict of a jury, appellant was found guilty of burglary in the first degree of a home at 6849 Oak Street, Kansas City, Missouri. Upon a finding that he was a persistent offender, the trial court nevertheless sentenced him as a "prior offender" to 12 years imprisonment rather than an enhanced punishment of up to 30 years under § 558.016, RSMo...

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