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  5. 881 S.W.2d 256 (1994)
 

STATE v. GOFORTH

Nos. 17766, 19161.

881 S.W.2d 256 (1994)

STATE of Missouri, Respondent, v. Jerry Wallace GOFORTH, Appellant. Jerry Wallace GOFORTH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 17, 1994.

Attorney(s) appearing for the Case

Rosalynn Koch, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Judge.

Appellant, Jerry Wallace Goforth, was charged with murder in the first degree. § 565.020.1 He waived his right to trial by jury in exchange for the State's waiver of its right to seek the death penalty. The trial court assented to the waiver. § 565.006.1; Rule 27.01(b).2

After hearing the evidence, the trial court3 found Appellant guilty as charged...

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