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STATE v. KELLY

No. WD 52869.

956 S.W.2d 922 (1997)

STATE of Missouri, Respondent, v. Ray E. KELLY, Appellant.

Missouri Court of Appeals, Western District.

November 4, 1997.

Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before SMART, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

LAURA DENVIR STITH, Judge.

Ray E. Kelly appeals his convictions of four counts of first degree robbery and four counts of armed criminal action. Mr. Kelly argues that the trial court abused its discretion in overruling his motion to sever one count of first degree robbery and one count of armed criminal action from the remaining six counts. We agree, and remand for severance and new trials on all counts.

I. FACTUAL AND PROCEDURAL BACKGROUND

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