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STATE v. VERNON

No. WD 71123.

337 S.W.3d 88 (2011)

STATE of Missouri, Respondent, v. Michael P. VERNON, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 2011.

Application for Transfer Denied May 31, 2011.

Attorney(s) appearing for the Case

Alexa I. Pearson , Columbia, MO, for appellant.

Shaun J. Mackelprang and James B. Farnsworth , Jefferson City, MO, for respondent.

Before Division Three: CYNTHIA L. MARTIN, Presiding Judge, JAMES E. WELSH, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Michael Vernon ("Vernon") was convicted after a jury trial in the Circuit Court of Buchanan County of one count of possession of burglar's tools, a class D felony, in violation of Section 569.180.1 On May 5, 2009, the jury recommended that Vernon be sentenced to a fine to be determined by the court but did not recommend incarceration. On June 2, 2009, the trial court sentenced Vernon to a fine in the sum of $500. Vernon...

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