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STATE v. DARDEN

No. WD 68274.

263 S.W.3d 760 (2008)

STATE of Missouri, Respondent, v. James Evan DARDEN, Appellant.

Missouri Court of Appeals, Western District.

September 16, 2008.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., and Richard A. Starnes, Esq., Jefferson City, MO, for Respondent.

Nancy A. McKerrow, Esq., Columbia, MO, for Appellant.

Before JOSEPH M. ELLIS, P.J., LISA W. HARDWICK and JOSEPH P. DANDURAND, JJ.

JOSEPH P. DANDURAND, Judge.

James Darden appeals his conviction for domestic assault in the second degree and his sentence of three years imprisonment. He presents three claims of plain error: (1) the verdict director and First Amended Information have a fatal variance; (2) it was error to charge and submit domestic assault in the second degree as opposed to domestic assault in the third degree; and (3) it was error to sentence him as a persistent misdemeanor offender...

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