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STATE v. NOLAN

No. 75972.

872 S.W.2d 99 (1994)

STATE of Missouri, Respondent, v. Ervin Dee NOLAN, Jr., Appellant. Ervin NOLAN, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

March 22, 1994.

Attorney(s) appearing for the Case

William J. Swift, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Elizabeth L. Ziegler, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

THOMAS, Judge.

Ervin Nolan was charged as a persistent offender with attempted burglary in the second degree, a class D felony. § 558.016.3, RSMo Supp.1992; §§ 564.011, 569.170, RSMo 1986. A jury convicted Nolan of the charge, and the trial court sentenced him to seven years in the department of corrections. Nolan appealed his conviction and the denial of post-conviction relief. The court of appeals reversed and remanded. The State sought and this Court...

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