Reexamination on order of the United States Supreme Court
This case together with several others1 was ordered reexamined in light of Albernaz 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), those 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 this Court, State v. Kendrick, 606 S.W.2d 643 (Mo.1980), is approved and affirmed and by reference made a part of this opinion. State v. Sours, 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).
*62The judgment of conviction on Count V for robbery in the first degree is affirmed. The judgment of conviction on Counts II, IV, VI and VIII (each based on armed criminal action) is reversed.
DONNELLY, C. J., and SEILER, WELLIVER, MORGAN, HIGGINS and BARDGETT, JJ., concur.
RENDLEN, J., concurs in part and dissents in part in separate opinion filed.