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STATE v. HEMBY

No. 23940.

63 S.W.3d 265 (2001)

STATE of Missouri, Plaintiff-Respondent, v. Jackie Lee HEMBY, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 26, 2001.

Application for Transfer Denied January 22, 2002.

Attorney(s) appearing for the Case

Craig A. Johnston, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Richard A. Starnes, Asst. Atty. Gen., Jefferson City, for Respondent.

Motion for Rehearing or Transfer to Supreme Court Denied November 26, 2001.

JOHN E. PARRISH, Judge.

Jackie Lee Hemby, Jr., (defendant) was convicted following a jury trial of unlawful use of a weapon.1 § 571.030.1, RSMo Cum. Supp.1999. Defendant was charged as and found to be a prior offender. § 558.016.1 and .2, RSMo 1994. He was sentenced to imprisonment for a term of three years. This court affirms.

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