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STATE v. GEBHARDT

Nos. 69239, 71664.

956 S.W.2d 446 (1997)

STATE of Missouri, Plaintiff/Respondent, v. Kenneth John GEBHARDT, Defendant/Appellant. Kenneth J. GEBHARDT, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

December 2, 1997.

Attorney(s) appearing for the Case

Robert E. Steele, Jr., Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before GRIMM, P.J., and PUDLOWSKI and GARY M. GAERTNER, JJ.

ORDER

PER CURIAM.

A jury convicted defendant of felony-murder and child abuse, in violation of sections 565.021.1(2) and 568.060, RSMo 1994. The trial court sentenced him to concurrent terms of life and seven years.

Defendant raises four points on appeal. He contends the trial court (1) plainly erred when it permitted the State to alternatively charge felony murder and conventional second degree murder; (2) erred in sentencing defendant for...

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