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STATE v. LOPEZ

Nos. 57704, 59973.

836 S.W.2d 28 (1992)

STATE of Missouri, Respondent, v. Rigoberto LOPEZ, Appellant. Rigoberto LOPEZ, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 30, 1992.

Application to Transfer Denied September 22, 1992.

Attorney(s) appearing for the Case

Michael Leonard Lyons, St. Louis, Cheryl Rafert, Clayton, for appellant.

William L. Webster, Atty. Gen., Robert Alan Kelly, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 30, 1992.

STEPHAN, Judge.

Rigoberto Lopez appeals from the judgment of the trial court sentencing him as a prior and persistent offender to a total of twenty-five years imprisonment and a $200.00 fine after a jury found him guilty of forcible sodomy, attempted forcible sodomy, two counts of felonious restraint and two counts of third degree assault. The jury acquitted him on two rape counts...

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