STATE v. JOHNSON

No. WD 45427.

837 S.W.2d 39 (1992)

STATE of Missouri, Respondent, v. Gervais JOHNSON, Appellant.

Missouri Court of Appeals, Western District.

September 22, 1992.


Attorney(s) appearing for the Case

J. Bryan Allee, Asst. Appellate Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before TURNAGE, P.J., and BRECKENRIDGE and HANNA, JJ.


TURNAGE, Presiding Judge.

Gervais E. Johnson was charged by a first amended information with sexual abuse in the first degree, § 566.100, RSMo 1986,1 and that he was a prior and persistent offender under § 558.016. A jury found Johnson guilty and the court sentenced him to five years imprisonment as a prior and persistent offender. Johnson contends that the trial court plainly erred in finding him to be a prior and persistent...

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