STATE v. IRVIN

No. WD 52336.

944 S.W.2d 592 (1997)

STATE of Missouri, Respondent, v. Kevin M. IRVIN, Appellant.

Missouri Court of Appeals, Western District.

May 13, 1997.


Attorney(s) appearing for the Case

Jeannie Arterburn Willibey, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Blegen, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and BERREY and EDWIN H. SMITH, JJ.


LOWENSTEIN, Presiding Judge.

This case is here, after transfer to the Supreme Court, and subsequent retransfer.

Appellant, Kevin Irvin, was charged with one count of first degree robbery and one count of armed criminal action and was also charged and sentenced as a prior and persistent offender. He does not contest the sufficiency of the evidence.

In the early morning hours of Tuesday, May 3, 1994, the victim, Gregory Ruff, the kitchen manager of Nichols...

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