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STATE v. NUNNERY

No. 25502.

129 S.W.3d 13 (2004)

STATE of Missouri, Plaintiff-Respondent, v. Ronald Joe NUNNERY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

February 20, 2004.

Attorney(s) appearing for the Case

William J. Swift, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Anne E. Edgington, Assistant Attorney General, Jefferson City, for respondent.

JAMES K. PREWITT, Judge.

Following a bench trial, Ronald Joe Nunnery ("Appellant") was convicted of first degree murder (§ 565.020.1, RSMo 2000) and armed criminal action (§ 571.015, RSMo 2000) for the shooting death of his wife, Marcia Nunnery. Appellant waived his right to a trial by jury in exchange for the State's agreement not to seek the death penalty. On the charge of murder in the first degree, the trial court found that Appellant had acted with...

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