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STATE v. RUSS

No. 73201.

978 S.W.2d 42 (1998)

STATE of Missouri, Plaintiff-Respondent, v. Thomas RUSS, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

October 6, 1998.

Attorney(s) appearing for the Case

Douglas R. Hoff, Asst. Public Defender, St. Louis, for appellant.

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

ROBERT G. DOWD, Jr., Chief Judge.

Thomas Russ (Defendant) appeals from the judgment of the trial court sentencing him as a prior and persistent offender. We affirm.

This case comes before us for the second time. Defendant previously appealed his convictions for rape (Count I), armed criminal action (Counts II & IV), first-degree robbery (Count III), and felonious restraint (Count V). We found the evidence insufficient to sentence him as a prior and persistent...

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