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STATE v. HABERMANN

No. ED 80746.

93 S.W.3d 835 (2002)

STATE of Missouri, Respondent, v. Shane HABERMANN, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

December 24, 2002.

Attorney(s) appearing for the Case

Nancy Lynne Vincent, Raymund Jared Capelovitch, Assistant Public Defender, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Andrea Mazza Follett, Assistant Attorney General, Jefferson City, MO, for respondent.

SHERRI B. SULLIVAN, Judge.

Introduction

Shane Habermann (Appellant) appeals from the judgment of the trial court entered upon a jury verdict convicting him of one court of the Class C felony of second-degree assault, in violation of Section 565.060 RSMo (2000).1 We reverse and remand.

Factual and Procedural Background

This case involves a bar fight. Anthony Costa (Costa), the complaining witness...

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