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STATE v. ALBANESE

No. WD 50892.

920 S.W.2d 917 (1996)

STATE of Missouri, Respondent, v. Michael ALBANESE, Appellant.

Missouri Court of Appeals, Western District.

As Modified April 2, 1996.

Motion for Rehearing and/or Transfer Denied April 2, 1996.

Application to Transfer Denied May 28, 1996.

Attorney(s) appearing for the Case

Kevin E.J. Regan, Yonke, Arnold, Newbold & Regan, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Cheryl A. Caponegro, Assistant Attorney General, Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before BRECKENRIDGE, P.J., and ULRICH and LAURA DENVIR STITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 2, 1996.

LAURA DENVIR STITH, Judge.

Defendant-Appellant Michael Albanese appeals his convictions for voluntary manslaughter, § 565.023, RSMo 1994, and armed criminal action, § 571.015, RSMo 1994, for which he was sentenced to a total of fortyfive years imprisonment as a prior and persistent offender. Mr. Albanese contends on appeal that: (1) the trial court erred in refusing to submit...

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