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STATE v. MADDIX

Nos. WD 49034, WD 51169.

935 S.W.2d 666 (1996)

STATE of Missouri, Respondent, v. Ricky MADDIX, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 26, 1996.

Application to Transfer Denied January 21, 1997.

Attorney(s) appearing for the Case

Jim C. Cox, Asst. Appellate Defender, Kansas City, for appellant.

Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 26, 1996.

SPINDEN, Judge.

A jury convicted Ricky Maddix of assault in the first degree and armed criminal action for shooting David Pittman. On appeal, Maddix charges the circuit court with four errors: (1) not instructing the jury on second degree assault; (2) not declaring a mistrial during closing argument; (3) sentencing him as a prior, persistent and class X offender; and (4) denying...

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