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STATE v. FITZGERALD

Nos. 53761, 55960.

781 S.W.2d 174 (1989)

STATE of Missouri, Respondent, v. Tommy FITZGERALD, Appellant. Tommy FITZGERALD, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 12, 1989.

Application to Transfer Denied January 10, 1990.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Deborah L. Ground, Ronald L. Jurgeson, Asst. Attys. Gen., Jefferson City, for respondent.

Robert C. Wolfrum, Asst. Public Defender, St. Charles, and Henry B. Robertson, Asst. Public Defender, St. Louis, for appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 12, 1989.

SIMON, Chief Judge.

This is a consolidated appeal under Rule 29.15(l) of appellant's direct appeal of his convictions for robbery in the first degree in violation of § 569.020 RSMo 1978 (Count I), armed criminal action in violation of § 571.015 RSMo 1978 (Count II), and unlawful use of a weapon in violation of §...

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