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STATE v. BALDWIN

No. WD 69250.

290 S.W.3d 139 (2009)

STATE of Missouri, Respondent, v. James D. BALDWIN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 22, 2009.

Attorney(s) appearing for the Case

Laura G. Martin, Esq., Kansas City, MO, for appellant.

Shaun J. Mackelprang, Esq., and Richard A. Starnes, Esq., Jefferson City, MO, for respondent.

Before Division Three: HAROLD L. LOWENSTEIN, Presiding Judge, JOSEPH M. ELLIS and LISA WHITE HARDWICK, Judges.

LISA WHITE HARDWICK, Judge.

James Baldwin was convicted by jury of forcible rape, forcible sodomy, and two counts of second-degree assault. Baldwin contends the circuit court erred in: (1) convicting him of two separate counts of second-degree assault in violation of his constitutional right against double jeopardy; (2) overruling his motion for judgment of acquittal because the State adduced insufficient evidence to prove he was guilty of second-degree assault; ...

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