PHILLIP R. GARRISON, Judge.
On April 29, 2004, this court issued an opinion in this case. On August 24, 2004, by order of the Supreme Court of Missouri, this cause was transferred to that court. On December 21, 2004, the Supreme Court entered an order retransferring the cause to this court. The original opinion of this court, which follows, is now readopted and reissued.
John Tally ("Appellant") was charged as a prior and persistent offender with one count...
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