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STATE v. VIZCAINO-ROQUE

No. WD 42472.

800 S.W.2d 22 (1990)

STATE of Missouri, Respondent, v. Alberto VIZCAINO-ROQUE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 4, 1990.

Application to Transfer Denied January 9, 1991.

Attorney(s) appearing for the Case

David S. Durbin, Appellate Defender, Anthony C. Cardarella, Asst. Appellate Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before LOWENSTEIN, P.J., and FENNER and ULRICH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 4, 1990.

LOWENSTEIN, Presiding Judge.

The facts are not in dispute in this appeal of a jury conviction of second degree burglary, § 569.170, RSMo.1986, which constitutes a class C felony for knowingly entering unlawfully or remaining in a building for the purpose of committing a crime. Sentence of seven years was imposed as a prior offender.

The victim had an apartment in a...

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