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STATE v. KENT

No. KCD 30336.

602 S.W.2d 799 (1980)

STATE of Missouri, Respondent, v. Daniel L. KENT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 4, 1980.

Application to Transfer Denied September 9, 1980.

Attorney(s) appearing for the Case

William F. O'Sullivan of Bunch, O'Sullivan, Sandifer & Hill, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for respondent.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 4, 1980.

MANFORD, Judge.

This is a direct appeal from a jury conviction for rape. Punishment was assessed by the court at 25 years in the Department of Corrections. The judgment is affirmed.

Four points are presented. Appellant alleges the trial court erred by failing to submit the issue of punishment to the jury upon failure of formal finding of the applicability of the Second Offender...

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