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STATE v. McGOWAN

No. WD 41002.

774 S.W.2d 855 (1989)

STATE of Missouri, Respondent, v. Gary McGOWAN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 1989.

Application to Transfer Denied September 12, 1989.

Attorney(s) appearing for the Case

Sean D. O'Brien, Public Defender, Leon Munday, Asst. Public Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 1989.

LOWENSTEIN, Judge.

Gary McGowan was charged by information with robbery in the first degree, § 569.020, RSMo.1986, and armed criminal action, § 571.015, RSMo.1986. The case went to trial on December 7, 1987, but jury deadlock resulted in a mistrial. On March 4, 1988, the state was granted leave to file a second amended petition which charged McGowan as a prior offender....

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