State v. Allen

KAROHL, Presiding Judge.

Defendant Gary Allen appeals from convictions in a jury-tried case of burglary first degree, § 569.160, RSMo 1978, and burglary second degree, § 569.170, RSMo 1978. The court, finding defendant a prior and persistent offender, sentenced him to concurrent fifteen-year sentences. Each burglary was charged in a separate count in the same information. The only issue is whether the trial court erred in failing to grant defendant’s motion to sever the two charges for separate trials. We affirm.

At 10:30 p.m. on January 21, 1983, state’s witness Spalding was in his apartment…