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STATE v. FLAUGHER

No. ED 91331.

279 S.W.3d 558 (2009)

STATE of Missouri, Respondent, v. Robert L. FLAUGHER, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

April 7, 2009.

Attorney(s) appearing for the Case

Ellen H. Flottman, Assistant Public Defender, Columbia, MO, for appellant.

Shaun J. Mackelprang, Assistant Attorney General, Jefferson City, MO, for respondent.

Before KURT S. ODENWALD, P.J., GLENN A. NORTON, J., and PATRICIA L. COHEN, J.

ORDER

PER CURIAM.

Robert Flaugher ("Defendant") appeals from the judgment of the Circuit Court of Osage County, following a jury trial, convicting him of first degree burglary, first degree assault, and armed criminal action. Defendant claims that the trial court erred in: (1) failing to submit punishment to the jury pursuant to Mo.Rev.Stat. § 557.036, (2) overruling his motion for acquittal and sentencing him for first degree burglary because...

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