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STATE v. LEWIS

Nos. WD 39434, WD 41377.

785 S.W.2d 656 (1990)

STATE of Missouri, Plaintiff-Respondent, v. Fred T. LEWIS, Defendant-Appellant. Fred T. LEWIS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 27, 1990.

Application to Transfer Denied April 17, 1990.

Attorney(s) appearing for the Case

Sean D. O'Brien, Public Defender, David S. Durbin, Asst. Public Defender, Kansas City, for defendant-appellant.

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

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

Motion for Rehearing and/or Transfer to Supreme Court Denied February 27, 1990.

LOWENSTEIN, Judge.

The direct appeal of State v. Fred Lewis was taken up by this court and an opinion was filed on June 28, 1988. One point related to the failure of the trial court to grant a continuance. The other point hinged on sentencing the defendant as a "class X" offender when the crimes were committed prior to the time...

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