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STATE v. FOLSON

No. WD 65351.

197 S.W.3d 658 (2006)

STATE of Missouri, Respondent, v. Robert W. FOLSON, Appellant.

Missouri Court of Appeals, Western District.

August 8, 2006.

Attorney(s) appearing for the Case

Irene C. Karns, Columbia, MO, for appellant.

Shaun J. Mackelprang, Jefferson City, MO, for respondent.

Before JOSEPH M. ELLIS, P.J., ROBERT G. ULRICH, and RONALD R. HOLLIGER, JJ.

ROBERT G. ULRICH, Judge.

Robert Folson appeals his conviction following a jury trial for second-degree assault, section 565.060.2, RSMo 2000, and sentence as a prior and persistent offender to eight years imprisonment. He raises two points on appeal. He claims that the trial court abused its discretion in allowing the State to amend the information the day before trial changing the description of the weapon from "deadly weapon" to "dangerous instrument." He also claims...

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