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STATE v. GAINES

Nos. 57133, 58375.

807 S.W.2d 678 (1991)

STATE of Missouri, Plaintiff/Respondent, v. Eric GAINES, Defendant/Appellant. Eric GAINES, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

April 23, 1991.

Attorney(s) appearing for the Case

Lew A. Kollias, Judith LaRose, Columbia, for defendant/appellant.

William L. Webster, Atty. Gen., Barbara J. Wood, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.

REINHARD, Presiding Judge.

Defendant appeals his conviction and sentence for second degree murder, § 565.021, RSMo 1986, and armed criminal action, § 571.015, RSMo 1986. The trial court, following the jury's recommendation, sentenced him to fifteen years for second degree murder and five years for armed criminal action with sentences to be served consecutively. After sentencing, defendant filed a Rule 29.15 motion which the trial court denied after an evidentiary...

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