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STATE v. MALLORY

No. WD 39334.

747 S.W.2d 209 (1988)

STATE of Missouri, Respondent, v. Victor MALLORY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied March 1, 1988.

Application to Transfer Denied April 19, 1988.

Attorney(s) appearing for the Case

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

William L. Webster, Atty. Gen., Scott L. Templeton, Asst. Atty. Gen., Jefferson City, for respondent.

Before NUGENT, P.J., and SHANGLER and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 1988.

BERREY, Judge.

Victor Mallory appeals his jury trial convictions for forcible rape, armed criminal action, attempted forcible sodomy, and burglary in the first degree.

On July 14, 1986, sixteen-year-old Deanna Haley was sleeping on her living room floor. Her mother, Sharon Haley, left for work without disturbing Deanna's sleep. Deanna awoke to the sound of her pet

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