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STATE v. LEITNER

No. 20595.

945 S.W.2d 565 (1997)

STATE of Missouri, Plaintiff/Respondent, v. Ward Wayne LEITNER, Defendant/Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied May 9, 1997.

Application to Transfer Denied June 17, 1997.

Attorney(s) appearing for the Case

Roy W. Brown, Bruce B. Brown, Kearney, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Cheryl A. Caponegro, Assistant Attorney General, Jefferson City, for respondent.

W. ROBERT COPE, Special Judge.

Appellant, Ward Wayne Leitner (Defendant) appeals from a jury verdict finding him guilty of two felony counts. He was convicted on September 13, 1995, of second degree murder, § 565.021.1,1 and armed criminal action, § 571.015. He was sentenced to consecutive terms of life imprisonment and 100 years, respectively.

The procedural facts which are relevant to this appeal are as follows:

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