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STATE v. BERRY

Nos. 16520, 16916.

798 S.W.2d 491 (1990)

STATE of Missouri, Respondent, v. Thomas Lowell BERRY, Appellant. Thomas Lowell BERRY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

October 30, 1990.

Attorney(s) appearing for the Case

Judith C. LaRose, Columbia, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

A jury found appellant Thomas Lowell Berry guilty of burglary in the second degree, § 569.170, RSMo 1986, and the trial court sentenced him as a persistent offender, § 558.016.3, RSMo 1986, to five years' imprisonment. Appellant brings appeal 16520 from that judgment and sentence.

Following the conviction, appellant commenced a proceeding under Rule 29.151 to vacate the conviction. The trial court entered...

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