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STATE v. WHITELEY

No. SD 29179.

294 S.W.3d 114 (2009)

STATE of Missouri, Plaintiff-Respondent, v. Zachary B. WHITELEY, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 5, 2009.

Attorney(s) appearing for the Case

Ferderick J. Ernst of Kansas City, MO, for Appellant.

Chris Koster, Atty. Gen., Jayne T. Woods, Asst. Atty. Gen. of Jefferson City, MO, for Respondent.

JEFFREY W. BATES, Judge.

Zachary Whiteley (Defendant) was charged by information with the class C felony of involuntary manslaughter in the first degree and the unclassified felony of armed criminal action (ACA). See § 565.024.1; § 571.015 RSMo (2000).1 A jury found Defendant guilty of the lesser-included offense of involuntary manslaughter in the second degree, which is a class D felony, and ACA. See § 565...

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