STATE v. FRANKLIN

No. 79735.

969 S.W.2d 743 (1998)

STATE of Missouri, Respondent, v. Joseph FRANKLIN, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 14, 1998.


Attorney(s) appearing for the Case

Craig A. Johnson, Asst. Public Defender, for Appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for Respondent.


LIMBAUGH, Judge.

Joseph Franklin was convicted of capital murder and sentenced to death. He was also convicted of two counts of felonious assault for which he was sentenced to two concurrent terms of life imprisonment. From the record, Franklin appears to have waived his appeal both orally and in writing at the time of sentencing, but the issue is clouded somewhat by the fact that his lawyers then filed a motion for new trial and that he, himself, executed a motion...

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