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STATE v. BOYDSTON

No. 27210.

198 S.W.3d 671 (2006)

STATE of Missouri, Respondent, v. John Elmer BOYDSTON, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

August 23, 2006.

Attorney(s) appearing for the Case

Ellen H. Flottman, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., and Cecily L. Daller, for respondent.

ROBERT S. BARNEY, Judge.

John Elmer Boydston ("Appellant") was convicted by a jury of the Class C felony of burglary in the second degree, a violation of section 569.170.1 He was found by the trial court to be a prior and persistent offender pursuant to sections 558.016 and 557.036 and was sentenced to twelve years in the Missouri Department of Corrections. In his sole point on appeal, Appellant maintains the trial court abused it discretion...

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