619 S.W.2d 63 | Mo. | 1981
Lead Opinion
Reexamination on order of the United States Supreme Court
This case together with several others
The original opinion filed by this Court, State v. Williams, 606 S.W.2d 777 (Mo.1980), is approved and affirmed and by reference made a part of this opinion. Sours v. State, 603 S.W.2d 592 (Mo.banc 1980) (Sours II), cert. denied, Missouri v. Sours, - U.S. -, 101 S.Ct. 953, 67 L.Ed.2d 118 (1981); and State v. Haggard, 619 S.W.2d 44 (Mo.banc 1981).
Judgment affirmed as to Counts I and III; reversed as to Counts II and IV.
. See State v. Counselman, 603 S.W.2d 3 (Mo.App.1980); State v. McGee, 602 S.W.2d 709 (Mo.App.1980); State v. Payne, 607 S.W.2d 822 (Mo.App.1980); State v. White, 610 S.W.2d 646 (Mo.App.1980); State v. (Johnny) Williams, 610 S.W.2d 644 (Mo.App.1980), all of which were vacated and remanded to the Court of Appeals, Eastern District, in Missouri v. Counselman, - U.S. -, 101 S.Ct. 1690, 68 L.Ed.2d 190 (1981). See Brown v. State, 607 S.W.2d 801 (Mo.App.1980); State v. Collins, 607 S.W.2d 781 (Mo.App.1980); State v. Hawkins, 608 S.W.2d 496 (Mo.App.1980); State v. (Eddie) Greer, 609 S.W.2d 423 (Mo.App.1980); State v. Martin, 610 S.W.2d 18 (Mo.App.1980), all of which were vacated and remanded to the Court of Appeals, Western District, in Missouri v. Brown, - U.S. -, 101 S.Ct. 1735, 68 L.Ed.2d 222 (1981). See State v. Sinclair, 606 S.W.2d 271 (Mo.App.1980), vacated and remanded to the Court of Appeals, Southern District, in Missouri v. Sinclair, - U.S. -, 101 S.Ct. 3044, 69 L.Ed.2d 415 (1981). See State v. Lowery, 608 S.W.2d 445 (Mo.App.1980), vacated and remanded to the Court of Appeals, Eastern District, in Missouri v. Lowery, - U.S. -, 101 S.Ct. 3044, 69 L.Ed.2d 415 (1981). See State v. (Timothy) Crews, 607 S.W.2d 759 (Mo.App.1980); State v. (Terry) Crews, 607 S.W.2d 729 (Mo.App.1980); State v. Helton, 607 S.W.2d 772 (Mo.App.1980); State v. Tunstall, 607 S.W.2d 809 (Mo.App.1980), all of which were vacated and remanded to the Court of Appeals, Eastern District in Missouri v.
See State v. (Donald) Greer, 605 S.W.2d 93 (Mo.1980); State v. Kendrick, 606 S.W.2d 643 (Mo.1980); and State v. (Rollan Anthony) Williams, 606 S.W.2d 777 (Mo.1980), all of which were vacated and remanded to this Court in Missouri v. Greer, - U.S. -, 101 S.Ct. 3000, 69 L.Ed.2d 385 (1981).
Concurrence in Part
concurring in part and dissenting in part. .
I join the majority in its affirmance of appellant’s convictions for two counts of robbery in the first degree. However, I dissent to that portion of the majority opinion reversing appellant’s convictions for armed criminal action for the same reasons set forth in my dissenting opinion in State v. Haggard, 619 S.W.2d 44, decided this date.