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STATE v. PHELPS

Nos. WD 53646, WD 51705.

965 S.W.2d 357 (1998)

STATE of Missouri, Respondent, v. Loren PHELPS, Appellant.

Missouri Court of Appeals, Western District.

March 17, 1998.

Attorney(s) appearing for the Case

Irene Karnes, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixson, Atty. Gen., Angel M. Woodruff, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and BRECKENRIDGE and HANNA, JJ.

LOWENSTEIN, Presiding Judge.

Loren Phelps ("Defendant") appeals the judgment entered upon his conviction following a jury trial of one count of sodomy, § 566.060 RSMo.1994,1 for which he was sentenced to five years in prison. Defendant was found not guilty on eleven other counts of sodomy. On appeal, the Defendant argues that the trial court erred in (1) improperly instructing the jury as to the range of punishment for the offense...

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