State v. Shaw

ORDER

On the court’s own motion, the opinion previously adopted in this appeal is withdrawn. A new opinion is issued. Appellant’s motion for rehearing and application for transfer is denied as moot.

SATZ, Judge.

A jury convicted defendant, Anthony Shaw, of murder, first degree, § 565.020 RSMo 1986, and armed criminal action, § 571.015 RSMo 1986. In accordance with Section 565.020.2 RSMo 1986, the instructions to the jury on assessment of punishment and the verdict, the jury assessed the punishment for the murder charge as life imprisonment without eligibility for probation or parole and a three…