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STATE v. SMITH

No. ED 96004.

355 S.W.3d 560 (2011)

STATE of Missouri, Respondent, v. John SMITH, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

December 27, 2011.

Attorney(s) appearing for the Case

Maleaner Harvey , St. Louis, MO, for appellant.

Chris Koster , Atty. Gen., Robert J. Bartholomew , Asst. Atty. Gen., Jefferson City, MO, for respondent.

LAWRENCE E. MOONEY, Judge.

The defendant, John Smith, appeals the judgment entered by the Circuit Court of the City of St. Louis following his conviction by a jury of first-degree burglary, in violation of section 569.160 RSMo. (2000).1 The trial court sentenced the defendant as a prior and persistent offender to a five-year term of imprisonment. Because we conclude that the evidence was insufficient to prove beyond a reasonable doubt...

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