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STATE v. SMITH

No. SD 30150.

330 S.W.3d 548 (2010)

STATE of Missouri, Plaintiff-Respondent, v. Eddie Wayne SMITH, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied December 28, 2010.

Application for Transfer Denied March 1, 2011.

Attorney(s) appearing for the Case

Christopher L. Yarbro , Poplar Bluff, MO, for Appellant.

Chris Koster , Atty. General, James B. Farnsworth , Jefferson City, MO, for Respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

Eddie Wayne Smith ("Appellant") was convicted by a jury of one count of enticement of a child in violation of section 566.151 and one count of attempted statutory rape in the first degree in violation of sections 564.011 and 566.032.1 The court, consistent with the jury's recommendations, sentenced Appellant to seven years on the enticement charge and three years on the attempt charge,

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