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STATE v. CHOATE

No. 14519.

722 S.W.2d 643 (1986)

STATE of Missouri, Respondent, v. William Kelly CHOATE, Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied January 21, 1987.

Attorney(s) appearing for the Case

James D. McNabb, Asst. Public Defender, Springfield, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

CROW, Chief Judge.

William Kelly Choate ("defendant"), found guilty by a jury of the class C felony of burglary in the second degree, § 569.170, RSMo 1978, was sentenced as a prior offender by the trial court, § 558.016.2, RSMo Cum.Supp. 1984, to 5 years' imprisonment. Defendant complains on appeal about alleged vindictiveness toward him by the prosecuting attorney and an assistant prosecuting attorney.

As the sufficiency of the evidence to support...

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