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STATE v. DAVIS

No. WD 61884.

126 S.W.3d 398 (2004)

STATE of Missouri, Respondent, v. Mark R. DAVIS, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied March 2, 2004.

Attorney(s) appearing for the Case

Susan Lynn Hogan, Appellate Defender Office, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, Breck Burgess, Office of Attorney General, Jefferson City, for respondent.

RONALD R. HOLLIGER, Judge.

Mark Davis contends that his right to a fair trial was prejudiced when the prosecuting attorney argued punishment for the first time in the rebuttal portion of closing argument. Specifically, the prosecutor urged the jury to recommend a thirty-year sentence on three counts of first-degree robbery and three counts of armed criminal action. We find that the opening portion of the State's closing argument did not adequately set forth the State...

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