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STATE v. JAMES

No. 28789.

267 S.W.3d 832 (2008)

STATE of Missouri, Plaintiff-Respondent, v. Stephen Mark JAMES, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division I.

October 31, 2008.

Attorney(s) appearing for the Case

David L. Mills, Rolla, MO, for appellant.

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

JEFFREY W. BATES, Judge.

In 2004, Stephen James (Defendant) was charged by information with murder in the first degree and armed criminal action for killing Michael McCurdy (Victim) by shooting him four times. See §§ 565.021, 571.015.1 Following a jury trial, Defendant was convicted of the lesser-included offense of murder in the second degree and armed criminal action, for which he was sentenced to concurrent terms of...

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