STATE v. SWINK

No. 50992.

726 S.W.2d 764 (1987)

STATE of Missouri, Respondent, v. Donald SWINK, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied March 11, 1987.

Application to Transfer Denied April 14, 1987.


Attorney(s) appearing for the Case

Dorothy M. Hirzy, St. Louis, for appellant.

William L. Webster, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for respondent.


CRIST, Judge.

Donald Swink (defendant) appeals from the sentence imposed at his resentencing hearing after his original sentence was vacated in a Rule 27.26 proceeding. We affirm.

Defendant was convicted of Robbery First Degree. § 569.020, RSMo (1978). The jury recommended a sentence of fifteen years' imprisonment. Defendant had been charged as a persistent offender under § 558.016.2, RSMo (1978), and he was sentenced to thirty years' imprisonment...

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