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STATE v. WATERS

No. WD 46083.

855 S.W.2d 413 (1993)

STATE of Missouri, Respondent, v. Thomas J. WATERS, Jr., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 29, 1993.

Attorney(s) appearing for the Case

Patrick J. Berrigan, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Rudolph R. Rhodes, IV, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P.J., and BERREY and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 1993.

KENNEDY, Presiding Judge.

Defendant was convicted upon a jury trial of forcible sodomy, Section 566.060 RSMo Supp.1990. Defendant was sentenced as a prior and persistent offender to 30 years' imprisonment. He has appealed.

At approximately 10 o'clock the evening of August 29, 1991, 21-year-old Jerra was walking along the sidewalk at 15th and Charlotte Streets in Kansas City...

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