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STATE v. SHIPLEY

Nos. 65605, 68126.

920 S.W.2d 120 (1996)

STATE of Missouri, Plaintiff/Respondent, v. Michael SHIPLEY, Defendant/Appellant. Michael SHIPLEY, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

April 9, 1996.

Attorney(s) appearing for the Case

Dave Hemingway, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

GRIMM, Judge.

A jury found defendant guilty of stealing by deceit, § 570.030.* The trial court, finding defendant to be a prior and persistent offender, sentenced him to eighteen years. He appeals that judgment and the denial of his Rule 29.15 motion.

Defendant's first point requires us to reverse. The trial court erred in submitting stealing by deceit as a lesser included offense of first degree robbery. His second point...

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