CROW, Judge.
Appellant, Thomas Donald Morin, a prior offender, § 558.016.2, RSMo Cum.Supp.1990, and persistent offender, § 558.016.3, RSMo Cum.Supp.1990, was tried by jury on five counts of unlawful merchandising practices, § 407.020, RSMo Cum.Supp.1992.
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