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STATE v. MAGOUIRK

No. 19537.

890 S.W.2d 17 (1994)

STATE of Missouri, Plaintiff-Respondent, v. William MAGOUIRK, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

December 19, 1994.

Attorney(s) appearing for the Case

Craig A. Johnston, Office of the State Public Defender, Columbia, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Kocot, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

PREWITT, Judge.

Following nonjury trial defendant was convicted of sodomy. § 566.060.3, RSMo Supp. 1992. A request for probation was denied and defendant was sentenced to 5 years' imprisonment. Defendant appeals, presenting two points relied on.

Relying primarily on State v. Bernard, 849 S.W.2d 10, (Mo. banc 1993), and State v. Phillips, 854 S.W.2d 803 (Mo.App. 1993...

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