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STATE v. VIVIANO

Nos. 62886, 64824.

882 S.W.2d 748 (1994)

STATE of Missouri, Plaintiff/Respondent, v. Gerard VIVIANO, Defendant/Appellant. Gerard VIVIANO, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

August 30, 1994.

Attorney(s) appearing for the Case

S. Paige Canfield, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

REINHARD, Judge.

Defendant appeals from his conviction by a jury of second degree robbery, § 569.030, RSMo 1986.1 He was sentenced by the court as a prior, persistent and class X offender to a twelve year prison term. He also appeals the denial, after an evidentiary hearing, of his Rule 29.15 motion for post-conviction relief. We affirm.

The evidence reveals that on June 27, 1991, at approximately 7:20 p.m., Officer John Vogt...

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