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  5. 941 S.W.2d 599 (1997)
 

STATE v. PHILLIPS

Nos. 63423, 67620.

941 S.W.2d 599 (1997)

STATE of Missouri, Plaintiff-Respondent, v. Brian PHILLIPS, Defendant-Appellant. Brian PHILLIPS, Movant-Appellant, v. STATE of Missouri, Respondent-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied March 20, 1997.

Application to Transfer Denied April 29, 1997.

Attorney(s) appearing for the Case

Deborah B. Wafer, Dist. Defender, St. Louis, for movant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 20, 1997.

DOWD, Judge.

Defendant appealed from a judgment entered upon his conviction by jury for second-degree murder, § 565.021, RSMo 1994, and for armed criminal action, § 571.015, RSMo 1994. The trial court found Defendant to be a prior, persistent, and Class X offender and sentenced him to twenty years' imprisonment for the murder conviction and to a three-year term of imprisonment...

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