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STATE v. SPENCER

No. ED 78924.

62 S.W.3d 623 (2001)

STATE of Missouri, Plaintiff/Respondent, v. Otis SPENCER, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 4, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Dora A. Fichter, Assistant Attorney General, Jefferson City, MO, for respondent.

Daniel E. Diemer, Kessler & Diemer, LLC, St. Louis, MO, for appellant.

CHARLES B. BLACKMAR, Senior Judge.

The defendant was charged in a two count information. Count I alleged the forcible rape of K.D. on April 19, 1998. Count II charged attempted forcible rape of T.M. on June 25, 1998. The jury found the defendant guilty as charged in Count I and not guilty as to Count II. He was sentenced to 25 years in the Missouri Department of Corrections on Count I, and now appeals from the conviction and sentence. In ruling on the four points...

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