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ERVIN v. STATE

No. 55683.

791 S.W.2d 800 (1990)

Kelly ERVIN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 5, 1990.

Application to Transfer Denied July 31, 1990.

Attorney(s) appearing for the Case

Dave Hemingway, St. Louis, for appellant.

William L. Webster, Atty. Gen., Frank A. Jung, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 5, 1990.

PUDLOWSKI, Presiding Judge.

Movant, Kelly Ervin, was convicted in the Circuit Court of St. Louis County of robbery in the first degree and was sentenced to twenty-five years imprisonment. Movant was charged with robbing Earl and Melba Vickey at 3:40 p.m. on July 8, 1980, at 1134 Edler, St. Louis County, Missouri. Prior to trial, movant disclosed to the state that he intended to use...

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