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STATE v. STORY

No. 63549.

646 S.W.2d 68 (1983)

STATE of Missouri, Respondent, v. Alfred STORY, Jr., Appellant.

Supreme Court of Missouri, En Banc.

February 23, 1983.

Attorney(s) appearing for the Case

David Robards, Public Defender, Charles Buchanan, Asst. Public Defender, Joplin, for appellant.

John Ashcroft, Atty. Gen., Henry Herschel, Asst. Atty. Gen., Jefferson City, for respondent.

WELLIVER, Judge.

Appellant was convicted of the felony of selling marijuana in violation of § 195.020, RSMo 1978,1 and was sentenced to five years in prison. The Missouri Court of Appeals, Southern District, affirmed. We ordered the case transferred, Rule 83.03, to determine whether appellant was entitled to an instruction on a lesser included offense. We review as on original appeal, Rule 83.09, and we affirm.

I

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