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STATE v. CURTIS

Nos. WD 49700, WD 50751.

921 S.W.2d 1 (1996)

STATE of Missouri, Respondent, v. Richard E. CURTIS, Appellant. Richard E. CURTIS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 2, 1996.

Application to Transfer Denied May 28, 1996.

Attorney(s) appearing for the Case

Douglas R. Hoff, Asst. Public Defender, St. Louis, for appellant.

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

Before FENNER, C.J., P.J., LOWENSTEIN, J. and SHANGLER, Senior Judge.

FENNER, Chief Judge.

Richard Edwin Curtis appeals from his conviction and 30 year sentence as a prior offender, persistent offender, and three-time offender for the forcible rape of C.C., pursuant to § 566.030, RSMo Supp.1993.

Appellant was initially tried in the Circuit Court of Boone County, Missouri, on May 17-18, 1994, on charges of armed criminal action and forcible rape. This jury acquitted appellant of armed criminal action but could not reach...

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