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STATE v. SKAGGS

No. 37058.

539 S.W.2d 583 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Jeffrey Charles SKAGGS, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing or Transfer Denied July 9, 1976.

Application to Transfer Denied September 13, 1976.

Attorney(s) appearing for the Case

Cornelius T. Lane, Jr., James C. Jones, Charles D. Kitchin, Robert C. Babione, St. Louis, for defendant-appellant.

Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Thomas C. Muldoon, Asst. Circuit Atty., St. Louis, Charles L. Howard, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

STEWART, Judge.

Defendant appeals from a conviction of robbery in the first degree by means of a dangerous and deadly weapon and a sentence of 12 years imprisonment.

It is conceded by the parties that the motion for new trial was not timely filed. Rule 27.20(a). The motion is therefore a nullity and preserves nothing for appellate review. State v. Tucker, 451 S.W.2d 91, 92[1-3] (Mo.1970); State v. Laden,

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