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STATE v. ROSE

WD 78567.

481 S.W.3d 145 (2016)

STATE of Missouri, Appellant, v. Daniel A. ROSE, Respondent.

Missouri Court of Appeals, Western District.

OPINION FILED: February 9, 2016.

Attorney(s) appearing for the Case

Blake C. Sherer , Jefferson City, MO, for appellant.

Jeannie M. Willibey , Kansas City, MO, for respondent.

Before Special Division: Cynthia L. Martin, Presiding Judge, Gary D. Witt, Judge and Zel M. Fischer, Special Judge.

The State appeals from the trial court's order entered in response to a motion to dismiss filed by Daniel Rose ("Rose"). Rose's motion to dismiss asserted that prosecution of both counts set forth in an indictment would constitute double jeopardy, and asked the trial court to dismiss either of the two counts. Because the...

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