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STATE v. GARNER

No. 16604.

799 S.W.2d 950 (1990)

STATE of Missouri, Plaintiff-Respondent, v. Leon GARNER, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 3, 1990.

Application to Transfer Denied January 9, 1991.

Attorney(s) appearing for the Case

Robert D. Rachlin, Robert A. Miller, Jr., Downs, Rachlin & Martin, Burlington, Vt., Lew Kollias, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., John P. Pollard, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

SHRUM, Judge.

A jury found defendant Leon Garner guilty of the class A felony of murder in the first degree, § 565.020, RSMo 1986, and assessed punishment at imprisonment for life without eligibility for probation or parole. The trial court entered judgment on the verdict. An opinion dealing with the appeal of that judgment is found in State v. Garner, 760 S.W.2d 893 (Mo.App.1988). This court vacated the judgment—...

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