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TONEY v. STATE

No. 54439.

770 S.W.2d 411 (1989)

Steven L. TONEY, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied May 9, 1989.

Application to Transfer Denied June 13, 1989.

Attorney(s) appearing for the Case

Holly G. Simons, Asst. Public Defender, St. Louis, for appellant.

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 9, 1989.

CARL R. GAERTNER, Judge.

On April 8, 1983 a jury found movant, Steven L. Toney, guilty of forcible rape and forcible sodomy. On May 13, 1983 the late Judge James Ruddy, having found movant to be a persistent and dangerous offender, sentenced him to two consecutive life sentences. This judgment was affirmed by this court, State v. Toney, 680 S.W.2d 268

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