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660 S.W.2d 755

Davis v. State

Missouri Court of Appeals

Decided November 1, 1983

Missouri Court of Appeals · decided 1983-11-01

Relies on Missouri v. Hunter · Sours v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-11-01

How this case has been cited

Cited by 3 later decisions — most recently June 2001

3 state decisions

10198319902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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REINHARD, Judge.

¶1The state appeals from the trial court’s order vacating movant’s convictions for armed criminal action. On April 7, 1978, movant pleaded guilty to two counts of first degree robbery and two counts of armed criminal action. He was sentenced to four concurrent seven year terms of imprisonment.

¶2Movant filed a 27.26 motion alleging his convictions for first degree robbery and armed criminal action constituted double jeopardy. The trial court, relying on Sours v. State, 593 S.W.2d 208 (Mo. banc 1980), vacated movant’s convictions for armed criminal action.

¶3However the holding in Sourswas overruled in Missouri v. Hunter,-U.S.-, 103 S.Ct. 673, 74 L.Ed.2d 535 (1983). Convicting movant of first degree robbery and armed criminal action did not constitute double jeopardy.

¶4Reversed and remanded.

KAROHL, P.J., and CRANDALL, J., concur.
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