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STATE v. OLNEY

No. WD 55716.

987 S.W.2d 466 (1999)

STATE of Missouri, Respondent, v. Carl Franklin OLNEY a/k/a Carl Franklin Allknee a/k/a CLE All-Knee, Appellant.

Missouri Court of Appeals, Western District.

February 23, 1999.

Attorney(s) appearing for the Case

Gary E. Brotherton, Asst. Public Defender, Columbia, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before: LOWENSTEIN, P.J., and SPINDEN and HOWARD, JJ.

VICTOR C. HOWARD, Judge.

Carl Franklin Olney was convicted of assault in the first degree, § 565.050, RSMo 1994, and armed criminal action, § 571.015, RSMo 1994, and was sentenced as a persistent offender to two consecutive ten-year terms of imprisonment. Although his convictions were affirmed by this court on direct appeal in State v. Olney, 954 S.W.2d 698 (Mo.App. W.D.1997), the cause was remanded to the trial...

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