State of Missouri, Respondent, v. Calvin James, Appellant. Calvin James, Movant/Appellant, v. State of Missouri, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: State of Missouri, Respondent, v. Calvin James, Appellant. Calvin James, Movant/Appellant, v. State of Missouri, Respondent. Case Number: 69134 and 71600 Handdown Date: 01/13/1998 Appeal From: Circuit Court of the City of St. Louis, Hon. Edward M. Peek Counsel for Appellant: Deborah B. Wafer Counsel for Respondent: Angel M. Woodruff Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Ahrens, P.J., Crandall, Jr. and Karohl, J.J., concur. Opinion: ORDER Defendant appeals after sentencing on a charge of robbery first degree. He also appeals the denial of Rule 29.15 relief after an evidentiary hearing. The only two issues argued on appeal pertain to the direct appeal. The post conviction relief appeal has been abandoned and is denied. The state offered evidence to support a finding that defendant, by the use of a handgun, took a van from the owner. The only defense evidence consisted of defendant=s testimony. He presented evidence which would have supported a finding that another individual whom he identified was the robber, the witness misidentified defendant and defendant was not present when the robbery occurred. The only two claims of error involve trial court decisions not to submit lesser included offense instructions for robbery second degree and stealing from a person. An extended opinion would have no precedential value. The guilty verdict is supported by substantial evidence. We rejected identical legal

arguments in State v. Lawshea, 798 S.W.2d 198, 200 (Mo. App. 1990). The sentence and denial of post conviction relief are affirmed. Rule 30.25(b) and Rule 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.