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STATE v. TIVIS

Nos. WD 50318, WD 51884.

948 S.W.2d 690 (1997)

STATE of Missouri, Respondent, v. Vance TIVIS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 27, 1997.

Application to Transfer Denied August 19, 1997.

Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Philip M. Koppe, Assistant Attorney General, Kansas City, for respondent.

Before BRECKENRIDGE, P.J., and SMART and EDWIN H. SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 27, 1997.

BRECKENRIDGE, Presiding Judge.

Vance Tivis appeals his convictions of burglary in the second degree, § 569.170, RSMo 1994, and stealing, § 570.030, RSMo 1994.1 Mr. Tivis contends that the trial court erred by refusing to instruct the jury on the lesser included offense of misdemeanor stealing, and by sentencing him as a class X offender. Mr. Tivis...

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