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STATE v. VIVONE

No. 17355.

63 S.W.3d 654 (1999)

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

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied August 13, 1999.

Attorney(s) appearing for the Case

Emmett D. Queener, Asst. Public Defender, Columbia, for Appellant.

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

KENNETH W. SHRUM, Judge.

Thomas Vivone (Defendant) pleaded not guilty by reason of mental disease or defect to the charge of murder in the first degree, § 565.020.1.1 He was convicted by a jury and sentenced to life imprisonment without eligibility for parole. This court ruled in State v. Vivone, 857 S.W.2d 489 (Mo.App.1993) (en banc), that Defendant had abandoned or waived his initial appeal...

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