STATE v. BALLARD

No. ED 84330.

169 S.W.3d 893 (2005)

STATE of Missouri, Respondent, v. Dayon J. BALLARD, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

August 30, 2005.


Attorney(s) appearing for the Case

Gwenda R. Robinson, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Richard A. Starnes, Asst. Atty. Gen., Jefferson City, MO, for respondent.


LAWRENCE E. MOONEY, Presiding Judge.

The defendant appeals from his judgment and sentence, which found him to be a persistent offender. Because the trial court plainly erred in this finding, we modify the judgment and sentence and, as modified, affirm.

The defendant pointed a gun at the victim and stole her money and car. After a car chase and foot pursuit, the police apprehended the defendant. The State charged the defendant with the crimes of robbery in...

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