Labels:book | reckoner | sky OCR: STATEMENT OF THE CASE Respondent adopts, with the following important ex ceptions Petitioner's Statement the Case Petitioner mischaracter rizes the basis for the statc ap- pellate court's initial remand on direct appcal See State Bohlen 670 S.W 2d 119 (Mo App 1984 The case was remanded not becausc the trial court failed t0 perform some ministerial act, "made findings of fact (Brief for Petitioner, hereinafter Pet but because there was "no proof made of the prior con- victions State Bonlen 670 S.W. .2d at 123 (A-73) Petitioner also misstates the basis for the reversal by the United States Court Appeals for the Eighth Cir- cuit. That Court did not hold "that respondent's double jeopardy rights had been violated the Missouri Court of Appeals remand of the case the circuit court for determinat ...
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