KEENY v. STATE

Nos. 10941, 10946 and 10361.

575 S.W.2d 850 (1978)

Robert Gene KEENY, Movant-Appellant, v. STATE of Missouri, Respondent (two cases). STATE of Missouri, Respondent, v. Robert Gene KEENY, Appellant.

Missouri Court of Appeals, Springfield District En Banc.

December 26, 1978.


Attorney(s) appearing for the Case

Nicholas R. Fiorella, Springfield, for movant-appellant in No. 10941.

Richard T. Martin, Gainesville, for movant-appellant in No. 10946.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent in Nos. 10941, 10946.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent in No. 10361.

Don M. Henry, West Plains, for appellant in No. 10361.


BILLINGS, Judge.

No. 10941

Defendant Robert Gene Keeny was convicted of first degree robbery in Bates County in 1966 and sentenced under the Second Offender Act [§ 556.280, RSMo 1969] to 25 years imprisonment. The judgment was affirmed by our Supreme Court in 431 S.W.2d 95 (Mo.1968). Three prior felony convictions formed the basis for the prosecution of defendant as a second offender.

In 1976 defendant...

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