# State v. Hawkins

> Supreme Court of Missouri · July 14, 1981 · 619 S.W.2d 64

URL: https://www.frixlaw.com/law-library/cases/5055080

## Case

- **Full name:** STATE of Missouri v. Harold HAWKINS
- **Court:** Supreme Court of Missouri
- **Decided:** July 14, 1981
- **Citations:** 619 S.W.2d 64; 1981 Mo. LEXIS 382
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Bard, Donnelly, Gett, Higgins, Liver, Morgan, Rendlen, Seiler, Wel
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5055080

## Opinion text

Reexamination on order of the United States Supreme Court
PER CURIAM:
This case together with several others 1 was ordered reexamined in light of Alber- *65 naz v. United States, 450 U.S. -, 101 S.Ct. 1137 , 67 L.Ed.2d 275 (1981). Since all of the courts of appeals rulings were based upon our ruling in Sours v. State, 593 S.W.2d 208 (Mo.banc 1980) (Sours I) or Sours v. State, 603 S.W.2d 592 (Mo.banc 1980) (Sours II), the cases were all ordered transferred to this Court. Our examination of the double jeopardy issue made in light of Albernaz pursuant to the orders of the United States Supreme Court, appears in State v. Haggard, 619 S.W.2d 44 (Mo.banc No. 62227), decided July 14, 1981.
The original opinion filed by the Missouri Court of Appeals, Western District, State v. Hawkins, 608 S.W.2d 496 (Mo.App.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).
The conviction for armed robbery is affirmed; the conviction for armed criminal action is reversed.
DONNELLY, C. J., and SEILER, WEL-LIVER, MORGAN, HIGGINS and BARD-GETT, JJ., concur.
RENDLEN, J., concurs in part and dissents in part in separate opinion filed.
. 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. Coun-selman, - 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 *65 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. Crews, — U.S. -, 101 S.Ct. 3103 , 69 L.Ed.2d 968 (1981). In all of the above cases where an application for transfer to this Court was requested, all such applications were denied.
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. (Rohan 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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5055080. Public record. Not legal advice.