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STATE v. BAILEY

No. WD 41901.

783 S.W.2d 490 (1990)

STATE of Missouri, Respondent, v. Bernard E. BAILEY, Appellant.

Missouri Court of Appeals, Western District.

January 30, 1990.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before NUGENT, C.J., and FENNER, J., and WASSERSTROM, Senior Judge.

FENNER, Judge.

Appellant, Bernard E. Bailey, appeals his conviction after trial by jury of offering violence to a correctional officer under § 217.385, RSMo 1986. Following his conviction appellant was sentenced to a term of 15 years' imprisonment as a persistent offender pursuant to § 558.016.2, RSMo 1986. The facts are not in dispute.

On the morning of November 3, 1986, Corrections Officer Calvin Speckhals...

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