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STATE v. PERKINS

No. ED 76293.

16 S.W.3d 721 (2000)

STATE of Missouri, Respondent, v. Kelvin PERKINS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

April 18, 2000.

Attorney(s) appearing for the Case

Irene Karns, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before RICHARD B. TEITELMAN, P.J., CLIFFORD H. AHRENS, J., and LAWRENCE E. MOONEY, J.

ORDER

PER CURIAM.

Kelvin Perkins ("Defendant") appeals a judgment on a jury verdict from the Circuit Court of St. Charles County finding him guilty of one count of the unlawful use of a weapon, section 577.030.1(3) RSMo 1994. Defendant was sentenced as a prior and persistent offender to ten years' imprisonment. Defendant asserts the trial court erred in refusing to grant a mistrial after a state's witness testified at trial as to a prior bad act committed...

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