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STATE v. BROWN

No. WD 55422.

996 S.W.2d 719 (1999)

STATE of Missouri, Respondent, v. Richard F. BROWN, Appellant.

Missouri Court of Appeals, Western District.

Decided May 25, 1999.

Motion for Rehearing and/or Transfer Denied June 29, 1999.

Application for Transfer Denied August 24, 1999.

Attorney(s) appearing for the Case

Elizabeth U. Carlyle, Lee's Summit, for appellant.

John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before SMART, P.J.; HANNA and LAURA DENVIR STITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 1999.

JAMES M. SMART, Jr., Judge.

Richard Brown was convicted after a jury trial of one count of second degree murder, § 565.021.1(2), RSMo 1994,1 and one count of second degree assault, § 565.060.1(4), arising out of Brown's actions while operating a vehicle on Missouri Highway 63. Pursuant to § 558.016, Brown was found to be a prior offender...

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