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STATE v. JOHNSON

No. 52453.

775 S.W.2d 221 (1989)

STATE of Missouri, Plaintiff-Respondent, v. Ira JOHNSON, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

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

Application to Transfer Denied September 12, 1989.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., William J. Swift, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Mary E. Dockery, Asst. Public Defender, Clayton, Shawn A. Goulet, Public Defender, Union, for defendant-appellant.

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

SIMON, Judge.

Ira Johnson, defendant, appeals his conviction by a jury of burglary in the second degree pursuant to § 569.170 RSMo 1978. Defendant was sentenced as a persistent offender to a term of fifteen years imprisonment.

Defendant originally appealed his conviction on the grounds that the trial court erred in: (1) overruling his request to discharge the jury and...

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