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STATE v. CALLEN

No. SC 83206.

45 S.W.3d 888 (2001)

STATE of Missouri, Appellant, v. Joseph CALLEN, Respondent.

Supreme Court of Missouri, En Banc.

May 29, 2001.

Attorney(s) appearing for the Case

Dwight K. Scroggins, Jr., Pros. Atty., Hershel D. Shepherd, Asst. Pros. Atty., St. Joseph, for appellant.

Cole E. Eason, Office of the Public Defender, St. Joseph, for respondent.

LIMBAUGH, Judge.

This case involves a facial challenge to the validity of section 557.035, RSMo Supp. 1999, the "hate crimes" statute, which provides enhanced penalties for specified crimes when certain motivational factors are pleaded and proved. The case commenced on June 5, 2000, when defendant Joseph Callen was charged with the class D felony of trespass in the first degree under section 569.140, RSMo 1994, and the enhanced punishment provision of section 557...

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