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STATE v. BERRY

No. WD 63648.

168 S.W.3d 527 (2005)

STATE of Missouri, Respondent, v. Glenn BERRY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 2005.

Application for Transfer Denied August 30, 2005.

Attorney(s) appearing for the Case

Jeannie Marie Willibey, Asst. Public Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Linda Lemke, Asst. Attorney General, Jefferson City, for respondent.

Before ROBERT G. ULRICH, P.J., JAMES M. SMART, JR., and JOSEPH M. ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 2005.

JAMES M. SMART, JR., Judge.

Glenn Berry appeals his conviction by a jury of second-degree murder, for which he was sentenced to thirty years' imprisonment. He contends that the trial court erred in admitting identification evidence that was obtained via impermissibly suggestive procedures. He also complains that the trial court should have intervened sua sponte with regard to...

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