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STATE v. GARDNER

No. 69169.

741 S.W.2d 1 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Dwain L. GARDNER, Defendant-Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 15, 1987.

Attorney(s) appearing for the Case

M. Elise Branyan, T. Patrick Deaton, Springfield, for defendant-appellant.

William L. Webster, Atty. Gen., Timothy W. Anderson, Asst. Atty. Gen., Jefferson City, Thomas E. Mountjoy, Pros. Atty., Richard E. Monroe, Chief Asst. Pros. Atty., Springfield, for plaintiff-respondent.

HIGGINS, Judge.

Dwain Gardner was convicted by a jury of twenty-one counts of receiving stolen property of the value of over $150, section 570.080.1, RSMo 1978. The court determined that defendant was a prior offender and sentenced him to twenty-eight years in the Department of Corrections. Judgment was rendered accordingly.

The Missouri Court of Appeals, Southern District, reversed the judgment and remanded the cause to the trial court with direction to vacate...

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