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STATE v. GRAHAM

No. SC 81976.

13 S.W.3d 290 (2000)

STATE of Missouri, Respondent, v. Mark E. GRAHAM, Appellant.

Supreme Court of Missouri, En Banc.

March 21, 2000.

Attorney(s) appearing for the Case

John R. Shank, Patrick M. Cuezze, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for Respondent.

MICHAEL A. WOLFF, Judge.

After a 1998 court of appeals decision mandating a new sentencing on Mark Graham's three 1992 sodomy convictions, the trial court sentenced Graham to three consecutive four-year terms. For reasons that follow, we affirm the trial court and reject Graham's contention that he was entitled to a jury recommendation on his re-sentencing.

Factual Chronology and Statutory Changes

Due in part to statutory changes in the...

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