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STATE v. SHOCKLEY

Nos. 24792, 24791.

98 S.W.3d 885 (2003)

STATE of Missouri, Plaintiff-Respondent, v. Thomas SHOCKLEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

March 10, 2003.

Attorney(s) appearing for the Case

Ellen H. Flottman, Assistant State Public Defender, of Columbia, for appellant.

Jeremiah W. Nixon, Attorney General, Dora A. Fichter, Assistant Attorney General, Jefferson City, for respondent.

JAMES K. PREWITT, Presiding Judge.

Following jury trial, Thomas Shockley ("Defendant") was convicted of burglary in the second degree, § 569.170, RSMo 2000, and felony stealing, § 570.030, RSMo 2000. With four points relied on, Defendant challenges the sufficiency of the evidence on both counts and contends that trial court plainly erred in instructing the jury in the disjunctive on the alternatives that Defendant either acted together with or aided Janie...

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