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STATE v. WAGGONER

No. WD 75487.

425 S.W.3d 140 (2014)

STATE of Missouri, Respondent, v. Lance C. WAGGONER, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 4, 2014.

Application for Transfer Denied April 29, 2014.

Attorney(s) appearing for the Case

Karen L. Kramer , Jefferson City, MO, for respondent.

Amy M. Bartholow , Columbia, MO, for appellant.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

ORDER

PER CURIAM:

Lance C. Waggoner was convicted by a jury in the Circuit Court of Linn County of one count of unlawful use of a weapon, a class D felony under section 571.030.1(4), and was sentenced by jury to four years in prison. Waggoner appealed, alleging that the trial court committed plain error in (1) submitting a verdict director which describes a different crime than the one with which he was charged and allowing argument on the same, (2) denying...

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