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STATE v. SMITH

No. 58503.

822 S.W.2d 911 (1991)

STATE of Missouri, Plaintiff-Respondent, v. Johnny E. SMITH, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

November 19, 1991.

Attorney(s) appearing for the Case

J. Bryan Allee, Columbia, for defendant-appellant.

William L. Webster, Atty. Gen., Joseph P. Murray, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

PER CURIAM.

The original opinion of this court was decided on March 26, 1991. On June 11, 1991, the Missouri Supreme Court ordered the case transferred. On October 16, 1991, the case was retransferred. We now reissue the original opinion and dissent.

A jury found defendant, Johnny E. Smith, guilty of robbery in the second degree, § 569.030 RSMo 1986. The trial court sentenced him as a prior and persistent offender to twelve years imprisonment. The state...

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