STATE v. SIMMONS

Nos. WD 46376, WD 48628.

875 S.W.2d 919 (1994)

STATE of Missouri, Respondent, v. Joseph L. SIMMONS, Appellant. Joseph L. SIMMONS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

May 17, 1994.


Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

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


BERREY, Judge.

Joseph Simmons appeals his jury conviction of first degree robbery, § 569.020, RSMo, attempted first degree robbery, § 564.011, RSMo and two counts of armed criminal action, § 571.015, RSMo.1

Appellant was sentenced by the court as a prior and persistent offender pursuant to §§ 557.036.4, 558.016, and 558.019, RSMo 1990, to fifteen years imprisonment on each count, to run concurrently. Appellant...

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