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STATE v. KINDER

No. 75082.

942 S.W.2d 313 (1996)

STATE of Missouri, Respondent, v. Brian J. KINDER, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 21, 1997.

Attorney(s) appearing for the Case

William J. Swift, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for respondent.

Thomas Carter, II, St. Louis, amicus National Legal Aid and Defenders Assn.

LIMBAUGH, Judge.

A jury found Brian Kinder guilty of first degree murder, rape, and armed criminal action. He was sentenced to death and two consecutive life terms. The postconviction court overruled Kinder's Rule 29.15 motion after an evidentiary hearing. On consolidated appeal, we affirm the conviction, sentence, and denial of postconviction relief.

I. FACTS

On Friday, December 21, 1990, at about 6:30 p.m., defendant Brian Kinder went with Don...

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