Legal Opinion

Brown v. State

Missouri Court of Appeals

Decided November 27, 1978No. KCD29713PublishedCited by 4 opinions

1Opinion of the Court

SHANGLER, Presiding Judge.

This appeal comes from denial of a Rule 27.26 motion to vacate judgment and sentences of two consecutive terms of fifteen years on counts of rape and sodomy. The direct appeal from the convictions was upheld by this court in State v. Brown, 525 S.W.2d 565 (Mo.App.1975) but the cause was remanded for resentence under the principle of State v. Baker, 524 S.W.2d 122 (Mo.banc 1975) that whether sentences for convictions of multiple offenses shall be made to run consecutively or concurrently is a matter of discretion of the trial court and not of mandatory rule. On…

2Cases cited10 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. State v. DegraffenreidSupreme Court of Missouri · 1972
  3. State v. BakerSupreme Court of Missouri · 1975
  4. McCrary v. StateMissouri Court of Appeals · 1975
  5. State v. LeeMissouri Court of Appeals · 1973

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3Cited by4 opinions

  1. Adail v. StateMissouri Court of Appeals · 1980
  2. Shepherd v. StateMissouri Court of Appeals · 1982
  3. State v. BrownMissouri Court of Appeals · 1982
  4. Barton v. StateMissouri Court of Appeals · 1979

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