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STATE v. OLIVER

No. SD 29290.

291 S.W.3d 324 (2009)

STATE of Missouri, Plaintiff-Respondent v. Joseph E. OLIVER, Defendant-Appellant

Missouri Court of Appeals, Southern District, Division Two.

June 30, 2009.

Attorney(s) appearing for the Case

Donald R. Cooley, Springfield, Drey A. Cooley, St. Louis, for Appellant.

Chris Koster, Atty. Gen., John M. Reeves, Asst. Atty. Gen., Jefferson City, for Respondent.

JOHN E. PARRISH, Judge.

Joseph E. Oliver (defendant) was convicted of assault in the second degree, § 565.060.1 Defendant was charged as, found to be, and sentenced as a persistent offender. See § 558.016.3. Defendant was tried by the court, having waived trial by jury. This court affirms.

On review of criminal matters tried by the court without a jury, the standard of review is the same as in cases tried by a...

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