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STATE v. SMITH

WD 76465.

460 S.W.3d 466 (2015)

STATE of Missouri, Respondent, v. Marcus D. SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 31, 2015.

Application for Transfer Denied May 26, 2015.

Attorney(s) appearing for the Case

Richard A. Starnes , Jefferson City, MO, for respondent.

Patrick W. Peters , Kansas City, MO, for appellant.

Before Division Four: Alok Ahuja, C.J., Cynthia L. Martin, J., and Randall Jackson, Sp. J.

ORDER

Following a jury trial, Marcus Smith was convicted in the Circuit Court of Clay County of second-degree (felony) murder, unlawful use of a weapon, and two counts of armed criminal action. Smith appeals. He argues that the circuit court erred in: simultaneously finding him guilty of both felony murder and unlawful use of a weapon...

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